I tOok 25 lakhs from a person over a period of 1 year in installments and paid the interest on time.he was of a criminal background and forcefully pressurized me to sign a cheque of 50 lakhs and a 100 rupee non judicial stamp paper in which i wrote that i took 50 lakhs from this person for business and i will pay 5% interest and if i do not pay then he can take his money by using cheque no xyz else he can sell my property aur parents property.there were no witness,only i signed it,and it was not notarized.now he is threatening me that i will put you behind bars and i will not let you join govt service.no transaction was made by any cheque.i do not have any property by my name.i want to ask that only by his word will court accept that he gave me 50 lakh cash?i swear by god i took 25 lakhs..i would have said that i did not take anything.but i admit i took 25.even if by hook or crook he proves that he gave me 50 then how will the court ask me to repay?as i do not have any job or property.will the court ask me to pay in installments?he does not have any proof that he gave me money..no cheque..i do not have any proof that i returned him some amount..i know it sounds foolish that how can someone sign a stamp and cheque but i did this mistake.what value does that non judicial stamp hold in court?
Asked in Criminal Law from Jaipur, Rajasthan
1. The court will not accept his word as the gospel truth, but the documentary evidence is not easy to rebut.
2. You executed an agreement with him which was notarized. It did not require a mandatory registration under the law. On the basis of the notarized agreement he may file a lawsuit against you to recover the principal amount along with compensation from you. If and when he does this the court will give you a fair opportunity to contest his case in defence.
3. If you fail to honour the court order then it will inevitably send you to civil prison.
Do not buckle under pressure. Immediately lodge complaint of your forceful signature on the cheque.
The creditor can not prove the lending of 50 lakh rupees and hence the cheque bouncing case will not survive in court.
Ashish sir, my parents are innocent as they did not know anything about this dealing during this period.they own business.i am traumatized by the fear that will the court ask them to pay what i owe?i did not give them single penny.i wrote the cheque so only i am responsible to pay?i will agree what the court decides,if in worst condition the court asks me to pay then i dont have any property or job but i will get a job in near future as i am a trainee doctor.so will the court fix installments ?
Devajyoti sir,should i file the FIR for lost cheque?he has already submitted the cheque today and it has been dishonoured today.i got a message from my bank that xyz cheque of 50 lakh has been dishonoured against stop payment as i placed stop payment of that cheque.infact i asked for stop payment of entire cheque book.i am ready to pay 25 lakh .but he is harassing by the fear of putting this matter in newspaper etc
Asked 1 year ago
1. The property of your parents cannot be attached and sold as the liability created by you is a personal liability which cannot be extended to your parents.
2. If you signed the cheque under duress then issue stop payment instructions to your bank immediately.
1. Yes, lodge complaint on loss of cheque or forceful signature on cheque.
2. If he publishes the matter in newspaper you can file defamation case against him.
3. I think you should file case of criminal intimidation against the man than lodging complaint of loss of cheque.
If you admit that you took rs. 25 lakhs by case, the court can easily draw the opinion that you would have taken rs. 50 lakhs too based on the loan agreement in the bond paper. The contents that you agree to pay 5% p.m. may be a hitch because this is an exorbitant interest and banned by the government by enacting a prohibitory act in this regard. Therefore yo should deny the entire amount and should say that this was taken blank fr the purpose of security earlier when you borrowed and repaid the small amount of loan. Yo do not have to worry about the evidences for repayment, but can mention in your reply notice or the written statement i th recovery suit. Yo can maintain that his was for security purpose only and can also insist on his ITR for is capacity to lend the huge loan. let him come to the court, yo can properly challenge the case.