• Got cheated by partner

Same company, his name is Mr. John Prasad.

November 2014, I resigned my job and thought to go to farming, since he was one of my close colleague, I had discussed with him about my future plan in entering Farming and lead a common man life..

One day, he mentioned to join his "Data Digitization Project for Postal Department of Karnataka, Via TCS & Infosys Companies" along with his friend named Ms. Zipporah, who is inturn a friend (David) Daughter for John Prasad. Also one more person named Sudhakar had also involved in this project and has invested around INR 7 lakhs with the same lady..

John asked me to lend Rs 5 lakhs to Ms. Zipporah, as she was struggling with finances and in which he will return INR 2.5lakhs every 3 months. Everything was verbal so far, but my money transfer was made via Bank transfer..

After which somedays, later Zipporah came to us (Myslef, John, Sudhakar) and mentioned to start a BPO call center buisness, and will need some more funds to do the same..

John tried at multiple locations to raise funds but was unsuccessfull..

Meanwhile Zipporah came to me and asked to lend some money so that she will return the money with interest in a week time, this time the amount requested was more and she had sought around INR 11 lakhs with me, in which 2 lakhs was via bank transfer and rest by cash, which was collected by her friend Manohar.

One week past, we were searching office premises, nothing was finalized, later I asked for money, she mentioned that it will reach by end of next week, something has gone wrong, so was unable to pay ontime.. Yes, excused her and waited for next week..

Everytime the same answer reappeared and I lost my patience... Since Feb'15 to till date, she kept on assuring for repaying, till date neither in base money not the assured interest hasn't been returned..

She started to escape and was hiding, after a multiple SMS, she came to meet me, and this time, I got in writing from her saying she has collected so much of money and also received bank checks for total of INR 16.32 lakhs payed for her till date..

Later I produced the checks and all of them got bounced as no funds was available in her account..

Now if I call, she is assuring to pay and her every bit of timelines going waste as she is not repaying anything..
I'm only know her number and her John's residence address..

Recently I came to know, that the company name she has mentioned to us was never registered and she was bluffing to me till date and John is working with her in background to help her in all of this FRAUD activities..

Zipporah even threatened me saying she working with MLA's and big big people - as if nothing can affect her, and John is saying "I wont pay anything do what ever you want".. 

Leagally what am I supposed to do with these people..? I need my money back..!!
If I go to court and file my case, what is my success rate.. what if these two give one more fake assurance and escape, as both of them are staying in rented homes, not sure when will they vacate and where will they go..?

What will be the Lawyer charges, If I need to file this case..?

Please guide me in this..

Regards
Yatish
Asked 1 year ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
It is not understood that what made you to give her money every time she demanded or requested.That too sparing such a huge money without any evidence or proper documents leads to lot of suspicions about your narration itself.  Your narrations are not believable.
However since you have sought legal solutions for this,
you may lodge a complaint against these people with the police, do not worry about her links with any politician.  The proof is your bank transfer records as well as her written assurance for repayment. 
You may file a civil suit for recovery of money on the basis of the bank transfer records and the written acknowledgment given by her.
The curt fee and the lawyers feecan be known from the lawyer whom you may engage for the purpose. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
Dear Querist
Issue the legal notice to her after received the returned memo from the bank and demand your money if she is not ready to make the payment within notice period then you may file a complaint against her before criminal court under section 138of NI act read with section 420 of IPC.
Apart from the complaint you may file a civil suit for recovery against her and claim your money with interest.

Contact a lawyer personally or over the phone after pay the consultation fee which is very nominal
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
1. If the bounced cheques are in time you can file case u/s 138 NI Act.
2. You can file criminal case of cheating as well.
3. You can file civil suit for recovery of money also.
4. Regarding threats you can file case for criminal intimidation by lodging complaint with local police. If police does not act you can move to court of Magistrate or to high court.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. It appears that you have happily offered yourself to be cheated by paying so much of money some of which was paid in cash,

2. Was the cheque dishonoured within 3 months from today, if yes, hen file a case u/s138 of N.I.Act immediately,

3. If three months have already been passed after the date of bouncing of he cheque, you have no other option other than filing a recovery suit,

4. Case under section 138 of N.I.Act will be disposed of quickly and recovery suit will take around 2 to 4 years to be disposed of,

5. Lawyer's fee vary from place to place and also on quality of lawyers.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. It is good that you have bounced cheque. 

2. According to NI Act if any person issue a cheque it is deemed that he bears liability to discharge.

3. Send a notice under NI Act within one month from the date on which cheque wese bounced. 

4. consult a lawyer immediately. 

5. It is proved by the issuing of cheque that she has liability of 16.32 lakh and cheque were issued in order to discharge of liability. 

6. Burden is now shifted upon her to disprove her guilt.  
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
case law

Ashwani kumar saxena vs state of M.P. it is held by the supreme court that in the validity of cheque it may be presented again and extend the limitation of notice period and give one more chance to drawer to pay cheque amount. 

so if three months were not not left then present all cheques once again. 
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
Hello,
1)You need to proceed against her legally first of all by sending a legal notice demanding the return of the money you have given her.The notice must be issued within 30 days of the return of the cheques.The cheques can be presented again within 3 months of their issuance in case the stipulated 30 days are closing in and you failed too issue the mandatory demand notice.

2) If she fails to pay up within 15 days of receipt of the legal notice you can file a case against her under Negotiable Instruments Act sections 138 and 142.Do not agree for any fake assurances once you have sent the notice.If your case is conducted properly you can certainly get her convicted and recover the money as compensation awarded by the court.

3)The lawyer's charge or fee depends on individual lawyer.However you need to also pay court fee which would be close to 2% of the cheque amount.Although you have to initially spend on litigation it will be recovered once she is convicted.Engage a lawyer as soon as possible.

 
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. You can prosecute Zipporah for the bouncing of the cheques issued by her and also for fraud and cheating. Additionally, you can file a case for recovery to recover with damages the amount you lent to her.

2. Before filing the cheque bounce case it is necessary to issue the legal notice to her.

3. The amount lent to her through bank transfer or which is manifest through receipts (if any) given by her can be recovered from her, whereas cash payments cannot be.

4. The court does not buy assurances. If it holds you entitled to recover the money from her it will pass binding directions to her. The contacts with MLAs will not work in the court.

5. The fee of lawyer can be disclosed by him alone as and when you inquire from him.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
This is one of the usual pressure tactics game plan developed by renowned lawyers to protect and safeguard the interests of their clients.
You need  not be shaken by such threats or worry about its consequences.  What is your own lawyer opining about this?
Since you have already started the legal proceedings, you may continue with further steps do not stop this here itself, go to the extreme of filing the money recovery suit too based on the legal notice and reply.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1. If a case for recovery of money has been filed against then you are entitled to enter defence to contest the rival claim.

2. On your part you should go ahead and file the case for cheque bounce in the court. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0

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