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Ramakrishnaraju (Asst.)     01 April 2017

Threaten of goondas

My father had a dealing(Agent) with  a business man, got the moeny by cash and given to the principal wtihout obtaining receipt.  Now, the business man(local Gonda) wanted moneyback, went to the court and obtained an order for an amount of Rs.8 lakhs for a payment of Rs.2.2 lakhs.  My father from his personal savings and from my savings, gave the party 1.5 lakhs without waiting for the principal.  Now, he knows that my father is a aged man, troubling me with goondas and took a cheque for 6.5 lakhs.  I preferred a complaint with commissioner of Police after two days of delay due to my father's sickness.  It was sent to Local Police, and the Inspector seems to be very reasonable, told the business man you can force him to repay and what ever has to be paid has to be paid by father and took the cheques back(4 cheque) and kept it in the station.  My father has committed in the Police station that he will repay it within six months.  Almost four months over.  My question is if my father could not pay, the police can use this cheque and asking him to deposit?.  It is not criminal case but only civil case. What will be the Police Officers will do.



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 April 2017

Either you have to oblige court order or go for appeal to the higher courts. No intereference of police. If they attack or threaten to attack then, you can approach police and give a complaint obtain F.I.R.

Ramakrishnaraju (Asst.)     01 July 2017

Sir

It appears the cheque was handed over by the Police to the individual and he had depsoited the cheque and it was bounced.  Now He has preferred a Advocate notice to me to discharge the liability.  My question is since i made a complaint in the Commissioner office and from Commissioner office the complaint has gone to the local police station and in the police station, the Inspector made it very clear that dispute is between my father and  X and X cannot and should not torture me and made it clear that the cheques to be handed over to me, but SI dodged  and now it appears he has handed over the cheque to him.  I phoned to my advocate, he is in vacation and by 12thof this month  he will be back and  he will look after this case.  Now, my B.P. is increasing as i don't know what is my position in this case?  Can I file a comliant against the SI?  Since the complaint came from Commissioner office,  whether the police station which has enquired would have given the entire details i.e my statement /my father statement/X statement to the commissioner office ?  or can hide the details.  Had they sent the details, My cheques should not have been handed over to the X party.  I am confused.  Your views will give me light.

Ramakrishnaraju (Asst.)     09 July 2017

Sir

 

My querry would have skipped your attention.  It is urgent as to what to do on the issue of illegally handed over cheque by the SI to the party which was bounced.  My advocate  is reaching chennai only on 16th not on 12th as i was told earlier.  As i am in terrible tenison, your valubale advise will help me out from the tension.  Am I legally responsible for that?  How the SI can hand over the cheque to the Party as it was very clearly told in the police station that  absolutely i don't have anyconnection with the party and the cheque got was by threaten  and the Inspector was also very clear.  Now the Inspector changed.  My feeling is Inspector would not have induldged in this act.  But the SI after the Inspector transfer would have emboldend and handed over the cheque illegally.  My question is whether the complaint to the commissioner will be hushed by this fellow.

Rajendra K Goyal (Advocate)     13 July 2017

Engage some senior lawyer and discuss in detail.

Defend the cheque bounce case against you on merits.

Ramakrishnaraju (Asst.)     14 July 2017

Sir

I have already told that i am going hire a Lawyer, but he will be coming to  Chennai only on  16th evening and i could not discuss in details as he told me not to worry and he will come and  issue a written notice to the party.  As i am under stress, i am just sharing my feelings to have a clear idea on the issue.

 


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