Dear Sir, I gave casto12.5 lacs to a person against a property ,but unfortunately the deal cancelled.He gave me in writting on a stamp paper that he would repay me as his property gets sold (but did not mention time limit).Now after much time he told me to repay before diwali. But he did not do it.So on insisting he gave me 3 bearer cheques of 4,4 & 4.5 lacs. All without date and name.On inquiring in bank got to know that all cheques are signed in different language(means sign miss match).And amount too insufficient. I did not deposit the cheques and asked him,he replied that he did it purposely. One lawyer over here told me that he is going to be in more fault like cheating. I am just worried that what would make him so reliable that he is not afraid even after giving me cheques and that also wrong signed.Is it that he may be thinking to give a complain of cheques lost or stolen or somethhing else? Please guide me Thanks
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1) you deposit the cheque and issue legal notice if cheque is dishonoured on presentation .
2) you can file criminal complaint under section 138 NI on account of dishonour of cheques
3) you can also file complaint of cheating against the said person
4) also file summary suit to recover Rs 12.5 lakhs with interest under Order XXXVII of CPC
Dear Sir I am just worried that what would make him so reliable that he is not afraid even after giving me cheques and that also wrong signed.Is it that he may be thinking to give a complain of cheques lost or stolen or somethhing else? Please guide me
1) the person knows that cheque bouncing cases take 5 years to be disposed of
2) he would obtain bail from court and contest case .
3) he can use your money during said period
4) if cheques had been lost or stolen he should have filed police complaint of loss of cheques .
5) issue legal notice to the said person on dishonour of cheques and also file summary suit
Hi, if the cheque is belonging to him and if he signed in different language then it is his fault.
2. So you have to present the cheque to your account and it will be dishonoured then issue a legal notice with in 30 days from the date of dishonour and thereafter file a complaint as contemplated under section 138 of the Negotiable instrument Act.
3. Presumption under law is that once cheque is issued then it is for consideration so contact local advocate and you will get your money.
1. Yes, he is likely to (if not already done) lodge a police complaint about loss of his three cheques,
2. Fill up those cheques by some one else putting dates, then lodge a police complaint stating that you have detected his sign mismatch for which you have asked for fresh cheques of same amount from him which he is refusing,
3. After that submit the cheques and follow up the procedure for filing cases for bouncing of cheques, in case the cheques are dishonoured,
4. After the cheques are dishonoured, file a cheating case against him. He will be in further trouble for showing street smartness with you by giving cheques with false signatures.
The ingredients of the offence as contemplated under Sec.138 of the Act are as under :
1. The cheque must have been drawn for discharge of existing debt or liability.
2. Cheque must be presented within 6 months or within validity period whichever is earlier.
3. Cheque must be returned unpaid due to insufficient funds or it exceeds the amount arranged.
4. Fact of dishonour be informed to the drawer by notice within 30 days.
5. Drawer of cheque must fail to make payment within 15 days of receipt of the notice.
A mere presentation of delivery of chqeue by the accused could not amount to acceptance of any debt or
liability. Complainant has to show that cheque was issued for any existing debt or liability.There is presumptions under Section 118 and 139 of the Negotiable Instruments Act in favour of holder of the cheque. Until contrary is proved, presumption is in favour of holder of cheque that it was drawn for discharge of debt or liabilities.
So Present the check to the bank and after getting the dishonour memo from bank , issue the notice to him and after the period of one month file a case before JFCM court
With whatever intention he gave the cheques containing different signatures or misleading information in the cheques, you are required to deposit the cheques in the bank, get the bounced back, issue him a legal notice demanding the money if there is no reply or for his non-compliance, you may lodge a complaint under section 420 of IPC with the police or file a cheque bonce case under section 138 NI Act.
You can also file a money recovery suit under Order XXXVII of CPC .
Dear Sir I am just worried that what would make him so reliable that he is not afraid even after giving me cheques and that also wrong signed.Is it that he may be thinking to give a complain of cheques lost or stolen or somethhing else?
You have to rush up to get the cheques bounced by the bank for the reasons stated therein and immediately issue a legal notice against him before he lodges a complaint for lost or stolen cheques.
This will make you safe for initiating further legal actions against him.
1. It was a blunder in the first place to not to incorporate the date of repayment in the agreement. Be that as it may, if there is no time limit for repayment of money, the same is to be repaid within a reasonable span of time.
2. You should present the cheques for repayment to bank and then launch his prosecution for cheque bounce as and when the cheques are dishonoured by the bank. This apart, you can also prosecute him for the offence of cheating and breach of trust.
3. To recover your amount from him you are required to file a lawsuit for recovery of money with interest, but this should be done conjunctively with the criminal proceedings.
4. If he gives a complaint of cheques being stolen he has to prove that you stole the cheques.
