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poonam peace (sr. executive)     14 May 2012

Misuse of cheque by bouncing it

My husband has done lots of misdeed by misusing of his credit cards n with my credit cards also. From last 2 year I am living with my parents and also fighting a case of divorce aganist him. Last year on 28th April'2010 I have received a sms from my bank tht a cheque is bounced in ur account due to insufficient funds. On confirming it with bank I got to know that it was from a cheque book that was issued to me in year 2007. Once I have given a cheque with my signature to my husband for paying telephone bill (I know i should not have given sign cheque ) in 2007. And he kept tht cheque for so long without informing me. He has already put lots of liabilities on me which I am paying till date and this cheque bouncing one was done intentionally to harass me.

I live in Indore and he has bounced this cheque from Gwalior on the name of some third person. On receiving the information from Bank I gave an application in Local Police Station that it has been a Fraud and to take some actio aganist them but they didn't took any action and for next 4-5 months I kept on going to Police Station for what happend aganist my apllication but they kept on transferring it from one place to other. Then one of the person told me that now its due date is over so you dont need to do any further process. And I din't pursued it since I dont wanted them (him n his sister n brother in law) to go to jail. Now today I have got a notice from Gwalior court to appear for the same.

My question is what shall i do now. I have receiving copies of Application given to Police Station. I know for sure that my signature n rest of the writing is different. I have never met that third person who has file case aganist me. i have never been to Gwalior n now what is the best action that I can take ??? Can I still force police for filing a case aganist my husband, his relative n third person ???? Can Police force that third person to come to Indore......

 

Please suggest me some good way to fight for my ownself.



Learning

 6 Replies

Suresh Naik (xxx)     14 May 2012

Hi Poonam,

Same thing is happened to me also, my wife and my in-laws taken some  cheques from home and fabricated those cheques and implicated false NI case on me, when i have given complaint on Police Station they have not responded me properly. then i have published the same in leading news papers and given complaint to higher police officials and then filed private case in court, court referred this case local police Station. Now case has been filed on my wife, in-laws and third person who is filed NI case on me.

Now police has started investigation, and the third person is escaping. Even in the proceedings of NI act case. he is not Coming to court for NI act proceeding(which is filed by Him) nor investigation. I am sure he will be arrested one day.

in your case send a complaint copies to Police Station in registered post with Acknowledgement due card, CC same to higher Police Officials, And then File private complaint in the court defiantly the police people will take action on them.

Finally Don’t fear with Police.

Regards,

Suresh

1 Like

poonam peace (sr. executive)     14 May 2012

Hi Suresh,

 

Thank you so much for your suggestion. And I am going to force Police for filing FIR aganist them. But issue is they don't do it. They have not even call 3rd party from Gwalior for the statement. If they would have taken proper action till now then I would not have been in this mess. My lawyer is perparing a new draft for the pending complaint at their end. But I am still not sure if they would file FIR. I cannot go to Media as right now I only have my job and my parents and I dont want any complication at their end.

I have already sent registered copy to Police n higher official in last August but no one is ready to process my complaint. Right now my main concern is that I have to appear in Gwalior court till the end of this month. And I have very less time to process with FIR as you know how police works.


I just saw https://www.saferindia.com/kiranbedi/consumerLogin.jsp shall I go through this. Can u plz suggest if it is worth going through them.

 

Thanks & Regards,

Poonam

Suresh Naik (xxx)     15 May 2012

 

Hi Poonam,

File the private case local court and court will refer the case to concern police station, they need to file FIR. Then wait and see what action they will take. They need to do investigation and has to submit investigation reports to court it is a time taking process. Need lot of patience.  Frequently, confidently and without fear put pressure on IO. One day they need to react on this, there no other way.

 

 

Regards,

Suresh

Anjuru Chandra Sekhar (Advocate )     15 May 2012

The payee of cheque should send a legal notice to you within 30 days from the date he receives information from bank that cheque is bounced, demanding you to pay the cheque amount. If he did not send that notice, he cannot win the case against you.

prasad (bdm)     12 June 2015

Poonam/suresh

 

Aap ka case ab kaunsa stage me hai Mera sister ke saath bi hisa hi huha hi ,

Please help kijiye,.,..

 

From, Prasad.k.s Mob 9739246046

Sudhir Kumar, Advocate (Advocate)     13 June 2015

Originally posted by : poonam peace

My husband has done lots of misdeed by misusing of his credit cards n with my credit cards also. From last 2 year I am living with my parents and also fighting a case of divorce aganist him. Last year on 28th April'2010 I have received a sms from my bank tht a cheque is bounced in ur account due to insufficient funds. On confirming it with bank I got to know that it was from a cheque book that was issued to me in year 2007. Once I have given a cheque with my signature to my husband for paying telephone bill (I know i should not have given sign cheque ) in 2007. And he kept tht cheque for so long without informing me. He has already put lots of liabilities on me which I am paying till date and this cheque bouncing one was done intentionally to harass me.

I live in Indore and he has bounced this cheque from Gwalior on the name of some third person. On receiving the information from Bank I gave an application in Local Police Station that it has been a Fraud and to take some actio aganist them but they didn't took any action and for next 4-5 months I kept on going to Police Station for what happend aganist my apllication but they kept on transferring it from one place to other. Then one of the person told me that now its due date is over so you dont need to do any further process. And I din't pursued it since I dont wanted them (him n his sister n brother in law) to go to jail. Now today I have got a notice from Gwalior court to appear for the same.

My question is what shall i do now. I have receiving copies of Application given to Police Station. I know for sure that my signature n rest of the writing is different. I have never met that third person who has file case aganist me. i have never been to Gwalior n now what is the best action that I can take ??? Can I still force police for filing a case aganist my husband, his relative n third person ???? Can Police force that third person to come to Indore......

 

Please suggest me some good way to fight for my ownself.

your matter is not clear.

 

whether the cheque was blank?

whether you owed any liability to 3rd person which you could pay back by this cheque.

 

The case if any has to be filed at the palce where your account is held, as far as NIC Act is copncerned.

The case has to be filed by the said 3rd person on affidavit after giving you a notice (wchi you are entitled to reply) The SMS from bank is only an intimation to you nand has no legal consequences against you.

consult your lawye3r for feasibility of filing case of BOT before case under NI Act is filed.


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