False cheque bounce case
4 years ago
I borrowed money from a money lender in March 2015. It was 1.0 lac. He took 2 cheques of 50 thousand each from me plus two blank cheques. I replayed all the money to him with 10 percent monthly interest on the amount in April 2015. But when returning money I requested him to give back my 4 cheques to me but he said that he only have 2 cheques of 50k each and no other cheques are with him. I requested him that 2 blank cheques are also given to him but he lied that he doesn't have them. I understood his intentions so the very next day I called him and recorded the call and again requested for those two blank cheques to be returned but he again refused to accept that he have it. So I asked him to give him in writing that he has received the amount and he doesn't have any cheques with him. But as he had malafide intention he refused that. So I asked him that he should accept it that he has got his money back and nothing is left to be paid by me . He accepted that on call . He accepted that no dues are left. I saved that recording.
After few months he bounced those cheques by filling 2 lac and 2.5 lac in those two cheques. I got legal notice in October 2015 for the same. I engaged the advocate and told him about the recording and full matter. He answered the legal notice by sending the reply to the complainant as well as his advocate by mentioning about the evidence of recorded call . After our reply we didn't get any reply from their side.
Now after 4 years i.e today i got to know from my friend that policeman has come to serve you summon for cheque bounce case. i don't live on my old address. So my friend got the photo clicked of the summon and returned the policeman as I wasn't a resident of the address in court record.The summon was of that false case only.
I am very much depressed that I have paid penny penny of him still he is harassing me by filling false case of cheque bounce.
I need help regarding this. Please help me how to defend the case as I have evidence of call recording and already served notice to him also about the same 4 years back. So please guide.
Why after 4 years court has summoned me. Is there no time limit to summon accused. Please help.
For more information contact through vidhikarya.
Please meet any expert legal adviser with all your documents and cheque the following judgment and mostly you will be acquitted on technical grounds.
Karnataka High Court
Shobhavathi vs Dr Krishnoji Rao on 12 March, 2013
Author: K.Sreedhar Rao
1
®
IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
DATED THIS THE 12th DAY OF MARCH, 2013
BEFORE
HON'BLE MR. JUSTICE K.SREEDHAR RAO
Crl.R.P.No.1585 OF 2004
BETWEEN:-
SMT. SHOBHAVATHI
D/O. SRI. RAMOJAI RAO
AGE 45 YEARS
R/AT ND.NO.767
SRI. DATTATREYASWAMY TEMPLE ROAD
MANDI MOHALLA
MYSORE. ......PETITIONER
(BY SRI: K.V. NARASIMHAN, ADV., )
AND:-
DR. KRISHNOJI RAO
C/O. NARASINGA RAO
HOMEOPATHY DOCTOR
RESIDING AT D.NO.275
GAYATHRIPURAM II STAGE
NAZARBAD MOHALLA
MYSORE. ......RESPONDENT
Shah Rukh Ahmad
Responded 4 years ago