• Cheque bounce and stolen promissory note and cheques

I used to prepare for rbi exams with friend Raju in 2017. As I didn't have 1lakh money, I asked my father for help who told me to send signed empty promissory notes and cheques as he told he will get money from relatives and courier papers to him. 

I have put signed papers ready and then my father told money is arranged. But these papers which are with me in bag were stolen by my friend Raju in the meanwhile which I got to know now in 2020 as he sent me legal notice and he has manipulated papers and now demanding 60lakhs by legal notice under section 138,Negotiable instruments act. He used those signed cheques and encashed them and bank rejected as insufficient funds for 60lakhs.

This friend Raju has no job and no business and he is doing all part time jobs. He is blackmailing. I have given police complaint after legal notice that papers and cheques are stolen also.

I recently got a job in RBI. 

Please reply point wise.. 
1.how can a person with no source of fund can fight a cheque bounce case? Does court check the legal enforcement of debt first rather than signed cheques & promissory notes? 
2.This person manipulated my promissory note and signed cheques and encashing them and filing cheque bounce case in court. I already gave legal reply that he has no job Or business. What can happen to person in government job? 
3.what are defences available in this case to me? How strong is the case. 
4.2017 is year of demonetization also. How can he give 60lakhs to me and it is three years now and he is fraudly asking. What all court will consider in this case. 


Please reply point wise for this long case and questions.
Asked 1 month ago in Criminal Law
Religion: Muslim

2 answers received in 30 minutes.

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26 Answers

1. It shall be presumed as per law, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in section 138, for the discharge, in whole or in part, of any debt or other liability, so your friend will have to prove his liability before the court as to to how he had borrowed you the said amount. 

2. It wouldn't affect your job as cases under the negotiable instruments Act of of quasi criminal nature only.

3. You have a good prima facie case but case needs to be contested deligently by an efficient advocate.

4. court will consider the fact that the other person has no source of income as well as he would not be able to show any transactions showing that he had given you any money. Also, you can file in application before the court to send the cheques for  forensics examinations as well to prove your claim.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

1. Don't worry.  If Raju can not prove you took loan from him as well as he had capacity to lend 60 L this case would never be proved. You can get free legal aid from court if you can show that you have no money. 

2. Nothing will happen to you. 

3   Refer to my point number 1.

4. Yes. He has no case and you have good defence . Engage a good advocate. 

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

1. No need to worry about the legal notice of 60 lakhs because your friend need to prove that he have capacity to lend rs 60 lakhs.

2. Send reply to legal notice that cheques and promissory note were stolen from your bag when living together and you are going to lodge FIR against him for fraud and forgery.

3. Court will consider him lending capacity as per NI act. 

4. Your job is completely safe no need to worry about your job. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Before answering your queries I have a doubt that those promissory notes and  cheque would have dates of 2017 then how can he raised issue after 3 years. It can be barred by limitation, please check it first.

1. You can prove that he has no job, and there was no agreement or anything for which you've given cheque to him. Neither he does any work or gave any loan to you for which that cheque can be issued in the name of Raju. In simple terms try to prove that there is no transaction or chain of transaction had taken place between you and Raju for which you gave cheque or promissory note.

2. Nothing will happen to you or your job until there is punishment of imprisonment or guilty of any criminal offence. 

3. The only defence  is you need to prove that there is no chain, therefore those papers are stolen, You can also request for the handwriting expert for the writing as you said checks and promissory notes were blank,  as You can file cheating case or case of theft against Raju.

4. Court will consider each and every point raised by parties.

Sanjeev Gupta
Advocate, East Delhi
88 Answers
1 Consultation

5.0 on 5.0

1. You can bring this aspect in your cross examination. 

2. Nothing will happen in your govt job. 

3. Lot of defences that cheque was stolen, his income etc. 

4. All this aspect is matter of trial

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

Initially you have to take bail. The court gors into the issue of debt or liability. If there was a debt then it may go in tg o ints authenticity. Tge cheques are stolen. Lodge an fir against him.

He will not succeed as the court goes into all the evidence. The court will also ask him how did he get hold of so many cheques.

Moreover were you earning. Was he earning. All these issues will be seen.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

1) on dishonour of cheque and filing of case court would issue you summons 

2) you have to face trial 

 

3) if you are convicted you would lose your job 

 

4) it has to be proved that there is debt due and payable 

 

5)take the defence that no money was received by you 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Surely we would reply to your questions lawfully but need to understand the contents of Notice under section 138 of N I Act which is a Special Statutes under the law.

Your questions are lawfully correct but are matter of evidence before the Court of Law and present stage is notice .

Notice is served case is not filed. 

Lets do it step wise. First let us deal with statutory notice of your freind then with case if filed against you.

Please discuss the contents of statutory notice to advice you as per provisions of law.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Hello,

  1. Your signed cheques and promissory notes are the primary consideration before the court. The fact that you complained to the police after receiving the demand notice would be seen only as an attempt to dodge liability.
  2. It is a matter of the merit of the case. He has to prove that he had the capacity to lend the amount he claims he lent to you. As the case is a quasai criminal case it should not impact your job. However if he wins the case he can get an atttachment order from your salary.
  3. Besides his having no capacity to lend you can dispute the handwriting/signature on the promissory note. Demonetization is not a defence as there are many wys of getting the funds transferred to you.. You can also dispute the handwriting on the cheque. 

S J Mathew
Advocate, Mumbai
3033 Answers
110 Consultations

5.0 on 5.0

1) You can make complaint against your friend for fraud and false allegations, manipulating the promissory note, threatening.

 

2) Secondly he has to prove that what type of the business he is running and from where he has given 60 lakhs rupees to you and how.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Dear client ,

Kindly give reply of notice and then proceed as per law to contest and prove he is wrong

Anand Shukla
Advocate, New Delhi
632 Answers
13 Consultations

4.9 on 5.0

1. He can't prove his case in court, contest boldly and also file a 420,406IPC  complaint against him in police station. 

2. This is a false case so you need not to worry.

3. His zero income, your lost promissory notes and lost cheques. 

4. No, he need to show the income proof of 60lakhs.

 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. Filing a case is different from proving the liability , i.e. why he has given you so much amount , and how he arranged the same. 

- But, he is having his right to file a case under Section 138 of N.I.Act against you, and if you will not appear after receiving the summon from the court , then warrant can be issued against you. 

- Hence, appear before the court with one surety , and contest the same to prove that that cheque was stolen by him , and you have no liability to pay the same. 

2. Contest the case filed by him. No effect on government job for such cases. 

3. He will have to prove that he has given the said amount to you , and you will have to prove that no point of time you was in need so much money

4. Your friend will loose the case filed by him , if he failed to prove the sources to arrange the amount etc. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

1. That should not be a issue, he may have hired a lawyer on  commission basis so this should not be a 

2. The onus is on you to Prove that how he could have misused during the time of evidence.

3 & 4 , As you said that he had no source of income, the court will be asking him that from where did he get the amount of Rs 60 lakhs and he will have to show to the court that how did he manage to give you Rs 60 lakhs else he will be in trouble. 

So You have Good chances of succeeding if the facts that you have stated above are correct.  

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

1. This is a matter of trial.

You have to challenge his false case on documentary evidences and merits in the trial proceedings.

2. The government job has nothing to do with the cheque bounce case.

The outcome i.e., conviction may create an adverse impact to the government job especially if sentenced to undergo imprisonment.

3. Your main defence is that his source of income to lend such a huge amount.

4. The court will not ask anything from you or him.

The burden to prove the offence lies on him when strongly refute the charges.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

by any chance did you file a police complaint of loosing the Promissory note?. if so it will be helpful.

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Dear Sir/Madam,

You are suggested to contest the said case strongly with your facts and also file the counter case against him for theft and other sections of the law. He will not be able to establish his case.  

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

File an FIR with your local police station for cheating alongwith other provisions that best explain your situation with the help of a local lawyer .

 

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

case can be filed only in a court which has the territorial jurisdiction over the place where the cheque is dishonoured by the bank on which it is drawn.

 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

We have already replied. 

For jurisdiction of court it is the place of bank of cheque holder who has deposited the cheque i e New Delhi.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Case can be filed from New Delhi as cheque’s were issued by Delhi branch 

 

2) he can file in New Delhi as promissory notes are issued in Delhi 

 

3) police can issue notice to accused to record his statement 

 

4) he has to prove 60 lakhs as paid to you 

 

5) you can cross examine accused 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Where the complainant bank is situated where thr cheque was deposited. 

3 yes he can file. 

4. Approach high court. 

 

5. He can but it's not easy to prove. 

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1. He can file cheque bounce case  from his residential place. 

2. He will present the cheque to his bank,  he need not bother where your bank is located. 

3. He can file the case in Delhi since the cause of action took place at Delhi. 

4. You have to follow it up with your police. 

5. It is a matter of trial. 

You can challenge his pleadings at the time of trial. 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1. Branch doesn't matter, what matters is that cheques were stolen.

2. Case can be filed in the place where the cheques were bounced.

3. Yes he will file in delhi.

4. Arrest warrant. 

5. No court will not accept such statements. 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. Complainants bank will be the jurisdiction to file the case i.e. where the cheque in question got bounced . 

- Hence, if that person is having account in Delhi , then he can file his case in Delhi. 

2. New Delhi 

3. Yes, his case is maintainable in New Delhi. 

4. Send that complaint to higher police official , if police is not taking action , and further that person is not bond to attend the call of police , until police send him a notice for appear before him. 

- Further , you can file a suit for declaration for declaring that cheques null and void. 

5. No court will not accept this heavy amount , until he will produce the evidence . 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Dear Sir/Madam,

The person file the cheque bounce case at the place of the his bank branch and if his bank branch is in Delhi, the jurisdiction of case lies in Delhi. You are suggested to provide the address of the accused also and it is the duty of the police to put the phone/mobile number of the accused on the surveillance and trace the accused. The police is also required to take assistance of Delhi police in this regard. The point 5 mentioned by you not tenable in court.   

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

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