Can we proceed to cheques bounce case against lawyer
3 months ago
I have paid money in cash to a lawyer for some work ,she has not done work and she said will be return the money and she has given 3 signed cheques without date and she is keep on telling some stories like her account is block and many other stories while asking to produce cheques to bank.
She has give another 1 cheques with her husband name and same stories continues .
How can i proceed to get my money back ,i dont have any proof of amount paid to her in cash .
A.Dear Client,
While it's challenging without a receipt, you can still take steps to retrieve your money. Document all interactions with the lawyer, including dates, times, and details of conversations. Try to obtain any written communication where she acknowledges the debt. Present the unsigned cheques to the bank, as they may still be enforceable. Consult with another lawyer for legal advice on the matter, and consider sending a formal demand letter requesting repayment. If all else fails, small claims court could be an option, but consult with a legal professional to explore the best course of action based on your jurisdiction's laws.
Thankyou
While it's challenging without a receipt, you can still take steps to retrieve your money. Document all interactions with the lawyer, including dates, times, and details of conversations. Try to obtain any written communication where she acknowledges the debt. Present the unsigned cheques to the bank, as they may still be enforceable. Consult with another lawyer for legal advice on the matter, and consider sending a formal demand letter requesting repayment. If all else fails, small claims court could be an option, but consult with a legal professional to explore the best course of action based on your jurisdiction's laws.
Thankyou
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A.Dear Client,
A Lawyer is not above the law. If a Lawyer breaks the law, he or she shall face the same legal consequences an ordinary person faces for the same cause of action. When a person issues a blank cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. A blank cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and on dishonor of the said cheque, the drawer of the cheque will be held accused under Sec. 138 of N I Act, 1938. The Supreme Court in the case of Sripati Singh v. State of Jharkhand, 2021 SCC OnLine SC 1002, decided on 28.10.2021, held that a cheque issued as security under a financial transaction cannot be considered a worthless piece of paper under every circumstance and that there cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque. If in a financial transaction, an amount is advanced and the receiver of the amount agrees to repay the amount in a specified timeframe and issues a cheque as security to secure such repayment; if the said amount is not repaid in any other form before the due date or if there is no other understanding or agreement between the parties to defer the payment of the amount, the cheque which is issued as security would mature for presentation and the drawee of the cheque would be entitled to present the same. On such presentation, if the cheque is dishonored, the consequences contemplated under Section 138 and the other provisions of the N.I. Act would flow. A legal notice has to be served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the dishonor of the cheque irrespective of the reason behind the dishonor of the cheque and a chance to repay. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. So, you need to consult with another Advocate for guidance and steps. Apart from this, you can file a complaint directly against the concerned Lawyer over professional misconduct before the respective Bar Association and the State Bar Council for necessary action if no other Advocate cooperates with you in the matter.
A Lawyer is not above the law. If a Lawyer breaks the law, he or she shall face the same legal consequences an ordinary person faces for the same cause of action. When a person issues a blank cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. A blank cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and on dishonor of the said cheque, the drawer of the cheque will be held accused under Sec. 138 of N I Act, 1938. The Supreme Court in the case of Sripati Singh v. State of Jharkhand, 2021 SCC OnLine SC 1002, decided on 28.10.2021, held that a cheque issued as security under a financial transaction cannot be considered a worthless piece of paper under every circumstance and that there cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque. If in a financial transaction, an amount is advanced and the receiver of the amount agrees to repay the amount in a specified timeframe and issues a cheque as security to secure such repayment; if the said amount is not repaid in any other form before the due date or if there is no other understanding or agreement between the parties to defer the payment of the amount, the cheque which is issued as security would mature for presentation and the drawee of the cheque would be entitled to present the same. On such presentation, if the cheque is dishonored, the consequences contemplated under Section 138 and the other provisions of the N.I. Act would flow. A legal notice has to be served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the dishonor of the cheque irrespective of the reason behind the dishonor of the cheque and a chance to repay. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. So, you need to consult with another Advocate for guidance and steps. Apart from this, you can file a complaint directly against the concerned Lawyer over professional misconduct before the respective Bar Association and the State Bar Council for necessary action if no other Advocate cooperates with you in the matter.
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