I have an company here in Faridabad and there was an friend of my who was searching for an business and I was also searching for some investor, then he himself approached me and told me he want to invest in my company, I told him that directly I cannot take your money better you buy goods and then bill the same in my company but as his registration was getting delayed he told I should order the same goods from my company and he is depositing the same amount of Rs. 400000/- in my company i said okay, after that I need some money to pay my credit card payment so I asked him to give me some commission as I arranged everything for him and I need to pay some of my bills, so he issued me 2 cheques against directly in my credit card bank. first of 25000/- and second of 35000/-, and he after that started the drama that he now want his money back in 4-5 days and the material which was ordered against his payment he will not accept and the cheque also which he gave me against the commission he dishonored one cheque of Rs. 35000/- and for the second 25000/- which got clear he have informed the bank manager that his cheque was stolen and someone have done fraud and asked the bank to get the details of the payment made and now he is threading me that he will file an FIR against me and get me arrested if I don't pay him double the money he have deposited in my account and now he is building all the fake documents against me and threading me. Please let me know what to do in this matter.
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if cheque has been dishonoured then legal notice has to be issued of dsihonour of cheque . if drawer does not make payment within 50 days then complaint under section 138 Ni has to be filed for dishonour of cheque
2)apply for and obtain bail in case cheque bouncing case i s filed
3) no need to pay your friend double the amount
4) cheque bouncing cases take 5 years to be disposed of
thank you sir, just want to know, why should i apply for bail as he have bounced the cheque and now he is threading me and told the bank manager also that he have not issued any such amount cheque and telling me that the is going to file an FIR, is it possible for him to do so, can he send me to jail if I have not done anything. He only paid himself without any paper work or written document.
1) if your friend cheques have bounced issue him legal notice to pay cheque amount within 15 days of receipt of notice
2) you should file case of cheque bouncing against him if he refuses to make payment within period of 15 days of receipt of notice
3) if friend files FIR police would issue you notice to record your statement
4) contest the false case filed by friend . if you are innocent you would not go to jail
1. if you successfully prove that cheques were issued in discharge of financial liability and such liability is legally recoverable then no offence is made out against you.
2. it would be good for you to file quashing petition before the high court.
3. he is committed offence of extortion by demanding money on the basis of forged documents.
1. you should file a cross case against him and bring your version on record.
2. when a person issued a cheque in order to discharge his financial liability then he cannot concoct a story and stop the cheque. if he dose so he commits offence punishable under section 138 of NI Act.
he have paid that cheque directly to my credit card bank, and the bank have send me an letter for the same that the cheque have been stopped payment from the payee. what should I do now as the person who have issued this cheque and not stopped the payment is saying he will file an case of fraud and cheating. but i don't have any proof that he will be paying me commission against the deal.
you need documentary evidence to prove that you would be paid commission against deal
2) it is difficult to prove oral agreement
3) amicable settlement with friend is best option
he have informed the bank manager that his cheque was stolen and someone have done fraud and asked the bank to get the details of the payment made and now he is threading me that he will file an FIR against me and get me arrested if I don't pay him double the money he have deposited in my account and now he is building all the fake documents against me and threading me. Please let me know what to do in this matter.
The transaction what have taken place is without any base or agreement in writing hence basically any claim against the same shall not be maintainable.
However since he made the payment by an instrument and the same has been encashed , you may have to think about how to defend the cash transaction.
However there is no cheating or fradulent play in this so that criminal complaint is maintainable. You may ask him to proceed through any legal action which will bring forth the issues to an end.
just want to know, why should i apply for bail as he have bounced the cheque and now he is threading me and told the bank manager also that he have not issued any such amount cheque and telling me that the is going to file an FIR, is it possible for him to do so, can he send me to jail if I have not done anything. He only paid himself without any paper work or written document.
Since the cheque issued by him is bounced he is the person responsible to answer the liability.
The amount what ever he had given earlier through another cheque may be treated as loan, and for return he has to issue legal demand notice, no complaint with the police is maintainable.
Therefore there is no need to obtain AB or to be worried about a criminal complaint.
he have paid that cheque directly to my credit card bank, and the bank have send me an letter for the same that the cheque have been stopped payment from the payee. what should I do now as the person who have issued this cheque and not stopped the payment is saying he will file an case of fraud and cheating. but i don't have any proof that he will be paying me commission against the deal.
It becomes your duty to pay your credit card and not he.
if he has made a stop payment, then immediately you can make the payment or else the interest will be cumulative.
For his claim let him initiate recovery by due process of law, you can plan to defend your interests then.
1. when you prove that cheque was issued by him and it was not stolen then burden of prove will shift upon him to prove that it was not issued in valid discharge of liability.
2. you have to prove that it is a genuine cheque then court shall presume that it was issued in valid discharge of liability.
3. no need to prove that it was issued for payment of commission.