Hello i am from mumbai,In the year 2016 i took a friendly loan from one of my friend of amount 4 lakh 80 thounsand by cheque,slowly i was repaying him and paid him 1 lakh 90 thousand by bank transfer till december 2017.But his behaviour started changing and he started asking for more amount like 10 lakhs as interest of loan and he started scaring me on phone and wats app and coming to my place.But i was rigid at my words and finally he gave up and we made a notary contract in april 2018 in which he accepted that he gave me 4 lakh 80 thousand and 1 lakh 90 thousand is received by him from me and for the rest amount of 2 lakh 90 thousand i issued him 2 cheques of 2 lakh 10 thousand and 80 thousand dated 03 may 2018 and 15 oct 2018 respectively.he said he need some money early for his some urgent work so i started paying him early by bank transfer before the first 2 lakh 10 thousand cheque date,i paid him 1 lakh 46 thousand till june end and suddenly he again started asking more amount then what was decided in the agreement so i stop paying him and did the stop payment of 2 lakh 10 thousand cheque as i have already paid him almost 70 % of the amount of the cheque to him by bank transfer. In july mid he deposited my cheque which was returned to him with remark stop payment done by payee.he started telling me tht i will take u to the court and sent me a notice of demand of money in 15 days which was received by me on 14th aug 2018 and 15 day is expiring on 28th august but in his notice his lawyer didn't mentioned anything that his client has already received 1 lakh 46 thousand by me through bank transfer and only 64 thousand is remaining to pay,they have stated in the notice to pay whole 2 lakh 10 thousand in 15 days or else they will initiate 138 ni act case against me. i went to my lawyer and explained all the situation to him and he replied to the notice stating tht 1 lakh 46 thousand is already paid by my client and only 64 thousand remaining to pay by my client and my client is willing to pay the rest amount only if your client ready to return the cheque. Now here are my quetions 1)My lawyer suggested me to not to pay him unless and until they return the cheque.so should i stick to what my lawyer said me or should i transfer the rest amount before the 15th day from the day i received notice. 2)Is 138 NI act case can be filed against me even after receiving the 70% cheque amount before cheque bounce, 3)If i paid him the rest amount within 15 days then can they still file court case against me if they have my cheque with them. 3)If they file case against me then can i ask for the cost of my legal and bail bond fees paid by me from them as they are doing this to trouble and harras me to extort more money from me 4)Can they file case against me right now for october pdc cheque. note i dont want to stuck in court case.please give me suggestion to stop them to file case of 138 case against me.
1) your Lawyer is absolutely correct . Since sorry payment has been already made offer to pay balance amount on receipt of cheque
2) cheque bouncing case can be filed but you can contest the case
3) if cheque is with him he can file complaint under section 138NI against you
4) case against you cannot be filed for October PDC cheque
5) you have to pay your legal expenses and bail charges
1. Your lawyer is right. If you pay him again without the cheque being returned to you then you will give him a handle to beat you.
2. 138 NI Act complaint can be filed if the cheque is dishonoured and on receipt of demand notice the drawer does not pay the entire amount covered by cheque.
3. If you pay the rest of amount to him then he may still go ahead and file the case stating that you have not paid him.
4. In a 138 NI Act case the accused will not get any litigation cost.
5. A cheque bounce complaint has to be filed within 1 month from the date on which the 15 day period given to the drawer to pay the amount expires.
did your friend mention cheque numbers in notary contract.
You have already made stop payment for the cheque, so what is the use of asking your friend to return the cheque???
Anywhich ways he will not be able to encash the cheque during its validity period unless you take away the stop payment instructions for the cheque
So dont insist for the cheque return now. Its useless as he cannot encash it
Just send him the balance money due by you towards loan as agreed in the written agreement which is notorised
If principal liability under the agreement itself is paid, there remains nothing for him against you which would entitle him to file a cheque bounce case
Also for filing such a case he will first have to shell out court fees @2% on the amount which he claims for you
I would like to know the logic behind your lawyer telling you to not make balance payments unless your friend returns the cheque!
1. Well, it appears you still owes him money and you do then on receipt of the money transfer the same to him.
2. yes , if a single rupee remains due and you draw a cheque to repay the said sum of money.
3. No, if you pay them the money which they demand and you owe to them then no case lies.
4. Yes
5.Before the expiry of 15 days given the statutory notice, they ca not file the case.
You have good ground to contest the case as suggested by your advocate you need not to pay any amount now and reply his notice in terms of the notarized agreement and stop payment for remaining check .
let him go to the court
Dear,
-Yes your lawyer is right, don't pay him until he return the cheque to you.
-Yes he can file case against you.
-yes he can.
-Yes you can mention this on your reply.
-no
1. You stop the payment now, let him file the case and defend yourself there.
2. Yes the case can be filed, you will have to prove before the court that there was no legally enforceable debt pending as against the said cheque.
3. If you are acquitted later, then later you may file a case on them.
4. NO, they can only file the case after the cheque is dishonored.
Regards
1. You should stick to what your lawyers said you have good case on the merits.
2. Yes the NI proceedings can be initiated but same can be contested by you showing the amount transferred and the reply to the notice and the transaction further NI can be compounded by paying the remaining amount if they accept same.
3. It can be prayed before the court to impose cost on them as they are harassing you court can impose cost on them.
4 No for that case cannot be filed..
1. Don't Transfer any amount in a haste now, let him file the cheque bounce case, after receiving the summons, you may appear before the court, submit all the details of the bank transfer and inform court that you are ready to pay the balance amount at one shot and to close the complaint case.
2. Yes, he can very well go ahead.
3. If he is not accepting the amount then you have no choice than to face him in the court.
3. First you get released from this cse and think about claiming the compensation, now you are standing as accused hence you cannot claim anything until you have been acquitted by court.
4. No.
5. Then you may go for a compromise with him.
4.
He received my reply letter,i contacted him and said him to take the money from me and give me cheque back but he is not ready as he is forcing me to also give money of PDC cheque of 15th oct of 80000 now itself or else he will file case against me.i said him that you cannot file a case against me for pdc cheque right now without it get bounced,so he is asking how much extra money you will give me above the remaining amount of 64000 of bounced cheque as he claim that he beared loss because of cheque bounced and need to pay someone extra amount because of delay which i dont know if he is saying true or false.i said i will not pay you any extra amount to which he said then he is filing case against me. my quetions 1)Can he file case against me for the pdc cheque of october? 2)If he file case against me for current cheque bounce of amount 2 lakh 10 thousand out of which i have already paid 1 lakh 46 thousand before the cheque bounce and i am liable to pay 64000 which i already mentioned in my reply of notice that i am ready to pay against the return of the cheque.It is clear that his intention is to harass me and extort me for interest or more money by filing case against me in the court,so if he file case against me then can i ask time in court to pay tht remaining amount of 64000 as even i dont want to pay him immediately and want to make the case lengthy to delay his payment to teach him a lesson. 4)He claims that he beared a loss because of my cheque bounce.can he claim that loss or can he ask interest from me in court ? 5)how long does it takes the cheque bounce case to get disposed of? 6)Can i take the stand in court that he keep on asking and harrasing me for interest or more money thats why i didnt paid him the money and because of which the cheque bounced?what are my winning chances if i take that stand as i have his wats app msg and call recording in which he is asking for interest. 7)what will be the maximum punishment will i get if i loss the case
1) only on cheque being dishonoured in October can complaint under section 138 NI is maintainable
2) if you contest the cheque bouncing case it would take 5 years to be disposed of
3) complaint for Rs 2.10 lakhs is not maintainable as onlybRs 64000 is payable by you
4) he cannot claim to recover loss suffered by him
5) maximum punishment is 2 years in jail
1. No for the PDC cheque the case cannot be filled.
02.If you delay the payment in that case court can award cost to him , that is interest and compensation can be granted to better to settle now only without filing case so that you also don't have to pay legal charges.
03 Yes he can claim interest and damages.
04. it can take around two years.
05. You need to substantiate your stand with the evidence then such stand can be taken.
ultimately amount is to be paid he has instrument that is cheque so onus is on you.
06. imprisonment of 1 year and fine upto double the cheque amount is punishment
1. Without presenting the chreque he can not file a case.
2. yes you are just liable to pay the legally enforceable debt and not the entire amount.
4. No he can not claim the loss in 138 proceedings
5. 6 months to 1 year
6. Wining chances as a accused in 138 cases are less, you will have to just prove that there was no legally enforceable debt.
7. You will have to pay the amount payable alongwith some penalty.
Regards
1. No he cannot.
2. If he is filing a cheque bounce case you may argue the issue in the trial proceedings accordingly and convince the court that it is a false case.
4. In cheque bounce case he canot claim interest on ti
5. two to three years.
6. That will be your admission, hence dont do that.
7. Two years imprisonment
Hello lawyers,as per my above mentioned case now i got to know from his lawyer tht opponent is filing police complaint against me in sec 420 of fraud and cheating,i tried to talk to him for settlement but his demand for settlement is too high,he is asking for 80000 instead of the remaining 64000 remaning amount and he is also asking me the amount of pdc cheque immediately right now to settle the case. here are my quetions 1)i dont know why he is filing 420 complaint against me instead of 138 ni act,may be know tht he cannot go for 138 ni case as i have already sent him notice tht return the cheque and take the money 2)can he file police complaint against me u/s 420 but i have heard tht one should prove tht the intention of payer while giving the cheque was of cheating but in my case it is clear tht i have already paid 70% of the amount to payee and ready to pay the rest amount in return of the cheque which is already mentioned in my to reply notice to him. 3)In 420 complaint will i get summons to appear before the court or arrest warrant will be issued against me,what step should i take if i receive summons of court or warrant issue from police? 4)if police call me to police station can they arrest me immediately in this case or simply they will go ahead with the investagation and record my statement?can police harrass me to take bribe from me? 5)can i also file case against him like blackmailing against cheque or any other case to prssurise him for settelment?if yes case should be filed in police station or in the court? 6)most probably he is filing police complaint in his area as cheque bounced in his area bank.can i shift the 420 complaint to my area or is he allowed to complaint in his local police station as i reside in same city but in different place. 7)If he also filed 138 ni case against me then do judge have the power to dismiss the case without the consent of complainant if i deposit the remaining amount on first or second hearing
No cas of cheating is made against you as you have clear intentions to pay your dues
Further balance payment is due only in October and he is refusing to return the earlier cheque
No need to pay Rs 8 lakhs
4) no automatic arrest . You would be issued notice . Statement recorded
5) you can apply for and obtain bail
6) you can file case against him for criminal intimidation under section 506 of IPC
7) if case of cheque bouncing is filed app,y for compounding by paying balance amount
1. There is no restraint to file cheating case in the event the cheque gets bounced.
2. Mostly complaint case u/s 420 IPC is filed and once it is filed no more police complaint is entertained.
3.Yes, on receipt of summons you can appear and surrender for bail.
4. No, in such cases arrest is rare unless FIR is registered and if FIR is registered then first anticipatory bail and then meet the IO.
5. If any crime is committed then only file counter case as filing false case is also a crime.
6. He can lodge complaint with Police in his area.
7. Yes if he agrees to settle this case out of court.
2. Her can very well approach police for the offences of cheating however the notice what you have sent would protect you stating tht your intention was not to cheat him and that you were always ready to settle his amount.
3. The police would summon you for enquiry and if they are satisfied that you are not at wrong, they compromise the issue between you both and arrange for date of settlement, if not then they may register FIR. In that event you may obtain AB and challenge the case in court.
4. Anything can happen in police station hence you get an advocate accompanied you to the police station.
5. You can
6. no, that may not be possible.
7. Yes, the court may record the same and dispose the case accordingly.
Yes the police can filed.
As and when the case is filed you will get a summon under 41A to appear before he police and give your defense.
yes you may also go ahead and file a case against him