Siddhant (Manager) 28 August 2011

Cheque misuse

Hi,

I had taken a loan of 8 lakh from someone. This was taken in 4 parts. He gave me loan at the rate of 3% percent per month.

Against this amount he took blank cheque and signed stamp papers from me. This happenned in 2007 to 2008.

Now he is asking for 8% interest according to which I have to pay almost 50 lakhs for Rs.8 lakhs.

I have stopped payment for the 10 cheque I gave him. What to do about the stamps.

I am ready to give him money with 3% interest. Now I have come to know that this guy had already done this with many people and they have sold even their houses to pay him.

How can I protect my self. Can I give complaint to the police or court.

Pls guide me.

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6 Replies

anonym (law) 28 August 2011

Dear Siddhant,

Act immediately and engage a good lawyer who deals primarily in 138 cases and do all the necessary without wasting a minute.

This includes police complaint.

I have been framed in almost exatly similar case only thing is I had not taken any money and framed in false cheque bounce case. Rest all details are similar.

Advocate M.Bhadra 28 August 2011

Lodge a diary to the police then file a case u/sec.156(3) of Cr.P.C. charge with sec.406,420 and 427 IPC in Magistrate Court for treating your complaint as an FIR.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 29 August 2011

CHEQUE BOUNCE PROBLEMS.

You have given the cheque and it is bounced still the case can be won in the court by you since there are many technicalities and hurdles which the complainant has to cross to win.

I have given number of examples that by resisting the production of documents by the complainant and even by clever cross examination any accused can win cheque bounce case very very easily. The process to win for accused is safe , sure and simple.

DEEPAK ASSOCIATES (08010117611) 29 August 2011

As per your version you have paid a sum of Rs 50 lakhs against 8 lakhs which is not sustainable at any cost. However if it is true then you have to show the receipt of 50 lakhs and immediately sent a legal notice to the concern demanding back the relevant documents which you had signed.

Further, as regard to the complaint it is open for you to make the complaint to police and if the police did not take the action, you may approach to Hon'ble court for justice

Advocate. Arunagiri (Advocate High Court Madras.) 01 September 2011

Make a police complaint. You can obtain injunction from the civil court from using the cheque. The civil case has to be initiated before the presentation of the cheque.