• Defending a bounced cheque

I took a cash loan of 25 Lakh from a friend way back in 2007.Since then I have been paying amounts towards interest but he never gave any receipt or in writing.In between he was trying to put pressure on me by threatening that he will meet my family and tell them about the loan. I did not want my family to know this and I have given him 3 cheques at various times. I have been begging him to give receipts but he steadfastly refused by saying no one gives. In between I have transferred amounts to his bank account. Even for this he threatens that I have to pay for his Tax.I have phone conversations to prove his contentions and not giving any receipts. He has a promissory note in April 2016 for 25Lakhs and a 500 sq plot notarized to him.When I was insisting that we need to get a clear picture as to how much I have to pay finally, he says you pay first then I will give details. There is no proof for the huge amounts I have paid him over the years. Now he has submitted a cheque for 15 lakhs which was dishonoured.What should I do now? Is there any remedy available legally? Please help.
Asked 5 years ago in Criminal Law
Religion: Hindu

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12 Answers

1. You have managed to get yourself ruined in every possible way and I wonder what more measures left to be done to finish you off financially.

2. it was mistake for reasons best known to you and the price you are paying is solely your responsibility.

3. It is not cleat how much of money you have already repaid. The absence of any proof of repayment has compounded your problem further.

4. Now do not waste a single day time and inform your family members immediately about the trap you have gotten yourself.

5. Lodge the complaint with Police about criminal intimidation , cheating and extortion. The creditor has committed all these offence and registering FIR on the basis f your complaint is only option save yourself from the mess and the case u/s 138 NI Act which the creditor is going to file against you soon.

Consult with your family advocate. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Your defence should be that loan of Rs 15 lakhs has been repaid 

 

2) rely upon your bank statements to prove money transferred to his account 

 

3) do not admit that Rs 25 lakhs was taken as loan  in cash 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

1.  IF the loan was given in Cash, THEN it is a illegal loan and probably he has not shown the same in his income tax returns, which makes the loan as "black money",  which again cannot be recovered thru cheque bouncing case in court.

2. You have to ask him evidence of the loan and also claim that the cheques held by him was a friendly loan that he wanted from you. You have to twist the tables on him.

3. Remember, that a illegal cash transaction of 25L is totally illegal and the court does not hear illegal transaction cases.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

wait till the receipt of legal notice and then issue your reply with all the details and when he will file the case than fight the case on merit.

 

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You have to file a case of harrasemhar and cheating by your fried and completely deniethe loan and any subsequent payment.

You may contest the promissory note and notarised document  on the same ground and stop the cheque payments in bank.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. See firstly loan was in cash so he need to prove the legal debt for that has he showed amount in his returns or not source of huge cash amount given to you. So the liability on first stage would be of his to prove the large sum of debt given in cash.

2. Secondly you can deny the amount completely. Also if he not registered money lender he cannot take stand of interest.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

How much you have repaid and have evidence of how much refund. Did he given you money by cash or ... ?

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

Now you need to contest the same in the trial.  Take a bail in the said matter and contest the trial.  Appoint a good lawyer

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

have you received the Legal notice or the court notice. you have to defend your case properly. with complete brief along with supporting docs. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you have received the summons then first appear before court and participate in the trial proceedings. 

Gather all the evidences in your support and try to defend yourself till it's possible after that ask for lok adalat settlement. 

At lok adalat you may negotiate settlement accordingly. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You should defend the case filed by him under the provisions of Section 138 of the n i act then you can take a defence that the said cheques were given as  security cheques and the were not meant to be encashed as the payment has already been made. You would also have to adduce documentary evidence to prove that the said payment was made.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear client 

The burden of proof in this matter is on you.

So the defence available to you is that you deny in the court that you haven't take the amount of 15 lakh from him so that onus of proof will be shifted to your friend.

As section. 139 of NI act states that It shall be presumed unless the contrary is proved that holder of the cheque received the cheque refered to section 138 for discharge, in whole or in  or  debt or the liability.

Which means some how you have to deny that you did not take the loan or you have returned the money taken as loan but still he has presented the cheque to commit the fraud with you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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