If you have cheques you can recover it through cheque bouncing criminal case else you need to file recovery suit in civil court.
False promissory note case and cheque bounce case
Hello, I was partner in an tractor dealership business from Dec 2018 to January 2022. We used to purchase tractors from OEM and sell to direct customers. The tractors were billed through 3rd party stockiest. Basically OEM -> Stockiest -> Dealer (Me) -> Final customer The tractors were billed as credit and we used to pay the amount of purchased tractor after the tractors was sold to the end customer. Against the credit we were asked to submit a duly signed Rs. 100 stamp paper and PDC as security. So we have submitted the same to the stockiest in March 2019. We have purchased tractors worth 1.45 Cr till date from the stockiest against which we have made 3.4Cr. in payments to the stockiest. No interest terms were agreed upon but now the stockiest has bounced our cheque and claiming more additional 15 lakhs as interest using the false promisory note. We want the additional amount of 2Cr. back as we have already shut down the business. When we told the stockiest that we don't want to continue the business and we want to settle the amount he has sent us notice claiming more additional 15 lakhs. Please help how can we recover the amount and fend off the false promisory note and cheque bounce case done by stockiest on us. Thanks & Regards Arosh Gumare
Asked 3 years ago in Civil Law
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5 Answers
In your reply to legal notice deny that Rs 15 lakhs interest is payable
2) take the plea that there was no agreement to pay interest
3) cheque was given as security and there was no debt due and payable
I need certain clarification
If tractors worth 1.45 cr were purchased then why was a payment of 3.4 crore made ?
How can the stockist bounce your cheque ?
The stockist is the payee and you being the dealer is the drawer of the cheque
So if the stockist deposits your cheque for encashmnent in his bank and the cheque is returned unpaid by your banker then that means the cheque got bounced because of you...so how can it be said that the stockist bounced your cheque ?
If the stockist claims 15 lacs as interest and you dispute that then the stockist will have to file a suit to recover that interest. In that suit you can in turn file a counter claim to recover your 2 crore (which I just cannot understand why was that amount given in first place ) and also seek cancellation of the pro note
Your query is too vague
Please provide the above clarification so that I can answer better
You made a mention about the false promissory note.
Whereas you have stated that you have signed a non judicial stamp paper worth Rs. 100/- and issued PDC towards security.
What are the contents in the NJS paper?
Since you have made an additional Rs. 2 Crore to the stockist, you should be having sufficient amount towards the purchase of tractors, in that case there was no necessity for you to sign the blank NJS paper or to deposit post dated cheques with the stockist.
If the stockist is having your amount as deposit with him, he need make a demand for additional Rs. 15 lakhs, he can very well adjust the same from the money he is holding with him.
Also he need not invoke the PDCs or the blank NJS paper to recover this paltry amount.
Have you signed any blank promissory note and given it to him earlier?
This appears that you are not furnishing the proper details to enable us to render a proper and correct opinion or solution to your problem, you may revert with the details if you are really serious about solving the present problem.
Dear Client,
If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.In cheque bounce case you are required to issue notice within 15 days of the cheque bounce and thereafter after receiving the acknowledgment receipt with 30 days we are required to file the complaint. After filling of the complaint it shall take 6 months (legally) for recovering the money back.The Supreme Court has held that the accused shall deposit 20 per cent of the amount in question to appeal against order in a cheque bounce case.Precaution is always better than cure! Keep a copy of all the relevant documents that prove that a transaction has been made through a cheque you issued. The payment invoice, copy of cheque, bank account statement, bank draft cheque etc. are some of the documents that you can keep as a proof of payment in a fake cheque bounce case.When you receive information regarding bank dishonour of cheque from the cheque bearer, contact your bank immediately to get information whether the cheque has even bounced in the first place or not. If the cheque has actually bounced, the bank will notify you about the dishonouring of cheque and the reason why it dishonoured.If you have received a cheque bounce legal notice regarding a cheque bounce case, the first thing you should do is hire a lawyer for cheque bounce case to send a prompt reply to the cheque bounce notice. A period of 30 days is given under the Negotiable Instruments Act to send a reply to cheque bounce notice. The cheque bounce lawyer will draft reply to 138 notice the person accusing you of cheque dishonour. When a person has sent a false cheque bounce case notice, sending them a legal reply usually makes them withdraw their fraud case.
Thanks & Regards
