• Cheque and stamp paper misused

Am stared a business before 1 year including academy and some consultant services for that office I appoint my friends father as a advisor and manager. Due to no finance support from my family am running my office with friends help that time above said friends father (A) also help me and again am repaying him some small small amount transactions. 
One time I need a emergency money of amount 2 lakhs so wwhen am searching for money that A person introduced a B person and said that they were friends for many years and he is doing finance. He also transfer me the amount am also repaying the interest regularly after 2 months of this that A ask me that we can improve our academy in grand manner by investing huge amount then only we can improve our business like that he said and when am questioned about the finance he said about that B and ask me to sign 20 rs stamp paper am also with the trust I give that stamp paper and signed in green sheets only not in stamp papers but after am signing to that agreement that a person go somewhere fpr few days when am call him ohone is switched off. At the date of interest pay that B person call me and ask about the interest I say that I will pay for that he say you need to pay 15 lakhs since am giving stamp paper and signed in green sheets. So am liable for the total amount. But till now from the B person I received only 2,20,000 only remaining 2,80,000 transaction will be from A person its not liable to interest but that B person say that he only send amount to A and that also including in interest when hearing this am really shocking. After through advocate I send a legal notice that I buy only 2,20,000 only from that B person and ask him to return the stamp papers and green sheets for that he reply within 20 days and decline all my allegations which I said through my legal notice and said that I borrowed 15,00,000 from him and if I not pay to him he conduct case against me. 
After 20 days I receive one more notice from B person that am giving cheque with the amount of 27,91,420. And he submit that cheque on bank and returned with stop payment indication. But already when the above said A person working in my office I have a habit of giving signed cheque to give paper distributor , for rent purposes and company expenses. That time one cheque has been missed so I instruct bank to stop the payment before 2 months itself also lodge a online complaint through online petition
Now when am complain again to the nearest police station above these incidents they also call them and inquiry about the incidents they say some illegal and finally they said to police that they going to file a suit case against me. Now say that both of them give me money in interest only
But in the stamp paper signed that A person only signed as witness and the content will be written by that A person only now both joined and threaten me
Asked 4 years ago in Civil Law

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6 Answers

File police complaint against A ,B for cheating , criminal breach of trust , for entering into criminal conspiracy with common intention to defraud you

2) mention that how A stolen cheque leaf from your official ce abd poluce complaint filed against him

3) that signature was obtained on blank papers and details filled in subsequently

4) if Police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

I already advised you to file private complaint before magistrate to direct Police to investigate and submit report

2) if any civil case is filed deny allegations made in the plaint

3) enclose bank statement that only Rs 5 lakhs received

4) B needs to have money lender license to advance loan to you

5) it has to be proved b y B that Rs 15 lakhs was given to you

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hi,

You need to file the cases against the person A separately for breach of trust and other sections. Also file cases against A & B for duping you. If police is not registering the case, Please file under 156 (3) CR PC to direction to police to file the case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Since this is a high handed and cheating activity, you can challenge the same in court of law when it comes for trial.

You should secure all the evidences in your side including the A's employment in your firm so that you can take up the things against the said A also.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

If the police is refusing to initiate any legal action on this then you may approach the district superintendent of police or the commissioner of police with a similar complaint with a request to direct the local police to register a FIR, initiate legal action accordingly.

However what is the reason that you approached police for?

You can lodge a complaint on cheating offences only.

If they are going to court, let them, you can challenge them in the court itself directly.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Not inclined to read this long letter, give details in short.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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