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Rajiv Khanna

Posted 7 months 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.

A. You have asked question about law of limitation, while actually you need to immediately hire a lawyer for your defence, take a bail and think of Law later.
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Anonymous

Posted 1 year ago

Hai sir my father given blank cheque for security purposes. and my father is not with us and we are in mom's Father house. it happened 10 years ago.. but now from past one year police are coming asking us Wer is ur father. Cheque given by him is bounced and Calling us 'if you won't tell we will acquire ur house' like this giving torture sir... Actually cheque given 10 years ago now they are enquiring sir... We didn't get any notice also.. I have a doubt this things are doing by some other people or what... can u please advise me sir.....

A. Dear Sir,
Yes, there is some mesh in the above issue. Please find out any cheque bounce case was filed against your father. Properties cannot be attached that easy.

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Prabhakara S K Shetty
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i had lodged a cheque bounce case at gurgaon against a person . this perosn is a fraud and frequently changes his location form bhubaneshwar to bombay and has also changed his name and pan number . At the moment he is in bombay . A PO order has been issued against him .from gurgaon court . I need to catch him in this regard so kindly advise how to get it done in fastest manner

A. Dear Client,
Please get in touch with Police and also make alternative arrangement with
private Detectives.Of course you have to pay for the later.
Shanti Ranjan Behera,
Advocate
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Anonymous

Posted 1 year ago

Hi It's been 8years we took 80k loan from a person who took 4cheque for that. We paid interest.... It's triple amount than the money we borrowed. But now that person filed a case stating we borrowed 180000. Since he is government employee he s not a legal money lender but he is playing with interest. We payed 80k loan with around 3lakh interest amt for dat till date. Still he is not satisfied. Please suggest. Even we contacted local lawyers but no use. They are asking us to pay and settle.... But this is highly not possible

A. You can take consultation on his cross examination, search to know about me profile in google.
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Jaya Afre

Posted 1 year ago

Hello Sir/madam, We have to file a cheques bounced case in court, already sent a notice to cheques issuer, he denied to receive it , the person issued the cheques in police station, recorded in police station, towards refund of fraud land deal ..would.like to know the fees of lawer untill we get our hard earned money back..

A. Dear concerned,
First of all, the denial of the defaulter in receiving the legal notice doesn't make any difference, if you have proper receipts of the service of the legal notice, such as postal receipt or courier receipt alongwith track reports of the same. Secondly, you should be aware of the fact that a cheque bounce case is always time bound. If the defaulter is not making the payment of the money within 15 days of receiving the legal notice, you can file a complaint case u/s 138 of the NI ...ReadMore
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Prasad BS

Posted 1 year ago

My brother had issued me apost dated cheque 5 years before , it belongs to SBM bank and now that this bank is merged with SBI, will I be able to submit that cheque, if not what are my legal options to make my brother issue a new proper cheque, post dated cheque is dated for 01/01/2019.

A. It is not valid now, send a legal notice first if matter solved thats good if not then file a court case with help of legal professional.
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Sir i have sold goods to a customer in invoice.He issued a cheque against purchase.The date mentioned on cheque was 08.04.2018. but i presented the cheque in bank on 28.05.2018 and cheque bounced on same day.Today date is 05.08.18.Can i file a cheque bounce case against him?

A. Dear concerned,
The time limit to file a cheque bounce case is 30+15+30 days, i.e. legal notice to be served within 30 days of receiving cheque return memo, payment to be made by the defaulter within 15 days of receiving the notice and complaint to be made within 30 days starting from the day on which the time period of 15 days elapsed. Although you have not complied with the above-stated time span, still you can file a cheque bounce case u/s 138 of the NI Act because proviso to clause (b) of su ...ReadMore
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Anonymous

Posted 1 year ago

Hi, my name is Gangadhar i paid sum of rs 100000/- by cash to my village known person, for personal use purpose as security i take one sign cheque from him. but now he not return back the money iam asking several time no respond. can i fill the case aganist him what is process and fee of legal and etc after filling the case that case favoring of me or what please suggest

A. deposit cheque in bank. once cheque is returned to you then send legal notice through lawyer but don`t use the words that the cheque was issued for security, the notice should state that he issued it instructing you to fill that date and promising that it would be honoured.
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Dear Sir, This is Shiva, I have put cheque case in local court in last year. The Lawyer send the semence to address which is in bank pass book. But the problem is the total family is is upscanding from address, I am not able to trace the respondend & lical police is not help to trace . plz give sations for trace respondend

A. if that person is not traceable then you cannot get the summons served on him, and without that your case will not progress. If the amount is quite high there are methods which I can not disclose here. Another method is to file a civil suit place him ex-parte and get a decree and go after his property.
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Anonymous

Posted 1 year ago

Can i sue for cheque Bounce, if the cheque is given by debtor who owe amount to the person who owe amount to me and on verbal understanding that the amount the person will be paid by him. Now if the cheque get bounced can i sue in the court.

A. In answering to your question , I would first ask you in whose name the cheque is drawn, ? Not in your name ? If it is drawn in your that debtor`s name you cannot sue, and if it is blank and you write your name in it, than you cannot bring that debtor into picture.No one seems to understand this problem.
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