• Cheque issue in pressure of Police personnel

I had invested money in a company and one of my friend also invested money on my instructions. They give money for few months then money came from there stopped and company ran away.
My friend, with the help of one of his police friends, put up a complaint against me in Cyber ​​Crime and in that he described me as the owner of the company. A few days later, I was summoned from there.
I appeared there and presented all the documents of the company in which the names of the owners of the company were written.
Despite that, he still kept pressing me to file a case.
They said that I had deposited his money while i had given the receipts for that money to him.
I gave them a check for fear of my government job. That check has not bounced yet.
I want to take action against him in this context.
Please give your opinion
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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21 Answers

Hi,it is advisable to make "stop payment" for the cheque as it was issued under coercion and threat ...Also issue a legal notice to the drawee of the cheque not to present the cheque as there is no valid consideration...We have to make the grounds before the cheque is dishonoured and contest the case in court ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. He kept pressing you to file a case against whom?

2. Look once you give a cheque to someone then under Section 138 of NI Act there is a presumption that cheque has been issued to discharge a legally enforceable debt, and the onus is stacked squarely on the shoulder of the accused to rebut this presumption. It is very difficult to rebut this presumption if there is no direct evidence.

3. Once the cheque bounces then the payee can file a complaint case in the court under Section 138 of NI Act, under which the maximum imprisonment is 2 years.

4. Serve a lawyer's notice to the payee to return the cheque to you as it has been obtained under coercion.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Please approach and appoint an Advocate for issuance of legal notice for return of check which was given by you to your friend. In the notice you have instruct your Advocate to mention all facts of the case the way you have put up your case before us.

You seek an early return of the check from your freind after lapse of a week or two failing which you would institute a Criminal case for extortion against your freind and a suit for injunction to refrain your freind to use the check which was taken under duress and threat. 

Please be prepared to file a suit for injunction against your freind for restraining him for using the check which was provided to him under duress without any liability from your end.

Please file a complaint in writing against your freind for extortion citing all facts of the case.

Thus you have two course of action against your freind Civil as well as criminal. 

Both way you may succeed against your miscreant and mischievous friend who has obtained the check illegally for encasement in future. 

Pl issue an instruction to your Banker for stopping of payment against presentation of the check.

All the best. 

Best regards. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to file the complaint against the company and also against the person and the police personnel separately for blackmailing and extorting money from you.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

In my considered opinion if the cheque has bounced then the other party has all the rights to file an application under section 138 N. I. Act. However...you can give him a written notice and also give a notice to your bank Explaining your position and bona-fide... So that if at all.... Later any application is filed... Then in reply thereto.. You can annex that notice of yours... If need be notice we can draft your notice..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to first file a complaint against the said officers and stop the said cheque. You can contest any case filed by them based on that cheque. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

You should have filed FIR against the company. your money is also stuck. No case can be file agasint your friend but you can file petition in high court to quash FIR.

Also stop the payment of cheque.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. You may file a complaint before the senior police officials that concerned police officer has threatened and intimidated you and has by force taken the cheque. You may also stop payment of the cheque as no debt is due to you and you are not related to.comapny you may contest 138 NI complaint. 

2. Further you may along complaint annex an affidavit containing details that you have been forced to sign documents.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If cheque’s is dishonoured on presentation legal notice would be issued to you 

 

2) in reply to legal notice take the plea that there is no debt due and payable 

 

3) if you have been forced to issue cheque lodge complaint against your friend and poluce officers who forced you to issue cheque when there was no debt due and payable 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Sir, just to be clear, your friend who invested on your advice has made a police complaint against you and no FIR has been lodged yet. Police have made a general inquiry from you. You have also given a cheque to your friend to avoid any action.

Since, you are also an investor like your friend and now a victim, assuming the Company you invested is sham, the best course of action would be you make a police complaint against the Company for cheating. Then use that complaint to tell police that you are also a victim, this way police will have to investigate the affairs of the company and you can cooperate with the police in giving whatever information you have. 

 

For taking action against your friend, you can make a formal statement before the police for the time being that you have no nexus with the company, and deposits made by you were under bonafide belief of getting regular returns. Since its very initial stage, no action would be required and deliberation should work out. As a matter of fact, according to your story,  your friend has nothing against you to accuse you of cheating at present. 

 

Regards

Dhruv Dwivedi

Dhruv Dwivedi
Advocate, Delhi
12 Answers

Not rated

You first issue a stop payment instruction to bank  and then issue a legal notice to that person that he obtained the cheque forcibly from you under pressure from police. 

You demand the return of cheque which was forcibly taken from you since you are not legally liable for any debt to him. 

You can endorse a copy of this notice to the police commissioner also. 

This way you can defend your interests in the cheque bounce case. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. IF you are only a Investor and have nothing to do with the fraud Co. THEN legally no offence can be made out on you.

2. As far as Cheque given to friend is concerned, serve him a legal notice, stating facts and demand the cheque back.  This same legal notice will save you from any cheque bounce case at the hands of your friend.

3. Issue Legal Notice to Bank to stop payment of said cheque and obtain acknowledgement and give photocopy to your friend alongwith legal notice to friend. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Get the cheque cancelled and stop the payment of cheque from the bank.

Also file  a police complaint against them for making a conspiracy against you and taking the chdque

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

#file a formal complaint against the said person to safeguard your case in the possible 138 case,

#you can take the defence tHAT THE CHEQUE WAS TAKEN FORCEFULLY,  

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

- For the said investment by your friend , you are not legally responsible for payment , if the said company ran away.

- However, if you have given the said cheque on the pressure of police , it means that you are not having any proof with you for the same.

- Further , as per law, you are bond to pay the cheque amount if , the cheque bounced by him and filed a case.

- Hence, you should lodge a complaint against your friend and the said police official for taking a cheque from your forcibly, and after mention that he is threatening you for implicating in false case of N.I.Act.

- Further, on the ground of said complaint , make stop payment in the bank 

- Further, issue a legal notice to your friend after mentioning that legally you are not liable to pay the amount investment by him in that company .

- If no response, then file a Declaration suit for declaring the said cheque null and vied . 

 

You may contact me in Delhi via kaanoon.com

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Dear Sir,

I think you are being falsely been trapped. Please consult telephonically on this platform from a lawyer and get the way out

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

What action you wish to take? You are sitting at the paying end as you received the money and issued cheque in return. The pressure at police is immaterial in this case even if it is issued by you in pressure at the police in case the cheque is bounced then he can go to the court under section 138 of negotiable instrument act which is punishable.

You may take action against him only in case you are cheated by him.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You have invested the money and in a fiduciary relationship advised your friend to do the same. He invested with all his consent and after analyzing the details of the company and therefore, he invested. He has duped you in a false case and you were called by the I.O under section 41A in furtherance of the investigation. You were again duped in the context of your government job and were asked to issue a cheque in the favour of your friend. You should not have done it on the first place. Now, ask your bank to do not proceed with the cheque and stop the payment. Since, you are not anyhow related to the company but as an investor, the legal remedies for you to safeguard you from this false case will be:

1. serve the company with a legal notice for not depositing the money on a regular course and give 15 days in the notice. if not received, file a recovery suit. 

2. If you will file the complaint against your friend, it will be acting as a counter complaint and will not have much substance, rather, wait for the right time and strike. which depends on the situation right now which you need to discuss with me for further modus operandi. 

 

You can contact me for consultation or on linkedin, 

https://www.linkedin.com/in/yuganshu-sharma-655091183/

 

Regards, 

 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

1. You should send a complaint to SP of Delhi that under pressure of police official of cyber crime cell one person have taken a post dated cheque from you. 

2. Also send instructions to bank for stop payment of cheque.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Querist

You may file a criminal complaint against them before the commissioner of police and to the SHO Concerned and if they refused to registered the case or not taken any action on your complaint then you may file an application under section 156(3) of Cr.P.C. before the magistrate court. they have committed an offence of extortion and they should be prosecuted for the same.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

How can he pressurise you into giving money when both of you lost money in the deal. Stop payment of the cheque and file a criminal complaint against him for fraud and blackmail.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

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