• Promissory note and cheque

Respected sir, 
   
       This is A.P. Ram.I'm lives in Nellore city , Andhrapradesh. One person was cheated me to give a govt job. So we believed him , I had give  totally Rs.3,50,000/- to him( ie.. 1,00,000/- , 1,50,000/-, and 1,00,000/-). We have 2 promissory notes that is  1 lakh & 1.5 lakhs & remaining 1lakh he did give cheque(cheque date 14-11-2015), We were wait upto Aug,2015 from Jnuary 2015.
       But he did not provide any job, so we asked my money to return back.
       He failed more commitments, we asked on Auguest ,2015 he said I will pay totall on November 14th 2015, But now also he did not respond sir, still we did not deposit the cheque.please suggest me how can I proceed . my family members are not well.
Asked 1 year ago in Civil Law from Nellore, Andhra Pradesh
1) deposit the cheque and on the said cheque being dishonoured file complaint under section 138 NI against the accused . 

2) you can also file police complaint against the accused for cheating under section 420 as he has made false promises of getting you a govt job and had taken Rs 3 .5 lakhs  from you 

3) you can also file summary suit for recovery of Rs 3.50 lakhs on the basis of promissory notes , cheque given by accused 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1. Since cheques are lying with you, deposit the cheques in bank and if it is dishonoured get it encahsed.
2. File civil suit for recovery of money on the basis of pro-note.
3. These are only legal actions you can take.
4. To put further pressure on him you can file criminal case of cheating as well.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
1. You can file a criminal case for cheating and breach of trust as he has taken your money with the intention to cheat.

2. If a cheque was issued to you then you should present it for encashment to the bank whereupon a demand notice for dishonour of cheque can be issued to him and thereafter a prosecution for cheque bounce can be launched.

3. To recover the money which was given to him you are required to file a lawsuit for recovery of money in the court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi, you can deposit the cheque  to the bank it will dishonor  and within 30 days of the dishonor you have to issue legal notice to that person and thereafter you have to file a complaint before the magistrate court.

2. Based on the promissory notes you have to file a civil suit for recovery money. You will definitely get your money. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, as per law once the cheque is issued then  it is for consideration you need not necessarily need any other prof so he can't escape from the law.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)  you have to file cheating , cheque bouncing case to pressurise the accused to refund your money 

2) in addition you have to file summary suit for recovery of your money with interest 

3) you can rely upon video recordings in your possession 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
He will be given an opportunity to defend himself in consonance with the principles of natural justice. The outcome of a legal proceedings is always uncertain. Audio and video recordings can be used as evidence.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
You can get the cheque bounced immediately and issue him a legal demand notice demanding cheque amount as well as demand promissory note amount too. Let him give a reply, if he is not complying with the demand, you may file money recovery suit in civil law as well as a criminal case under section 138 NI Act.  Consult a local advocate and proceed as per his advise in all such further issues. 


The video and audio proof may come to your support to corroborate your pleading in prosecuting the accused/defendant.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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