Clarification on cheque bounce matter
06-Dec-2023 (In Cheque Bounce Law)
Hi All, We have paid Rs. 5 lakh to a person for securing a job for my wife in premier and govt university. Whereas the govt cancelled the recruitment due to many reasons and the person fail to pay our money for our repeated requests. With lot of pressure from our end then he gave a cheque and which is bounce repeatedly from the nationalized bank. With help of a lawyer I have filed a cheque bounce against that person. The court hearing was proceeded to nearly 8-10 months. Now the judgement is about to announce, but later from my lawyer I came to know that the case is not in my favour and there is no punishment for that person. It is really surprise to see on this and shock for us in spite of providing all the records and evidence on this. Now I should get back my money from him, what actions does I need to initiate on this, kindly suggest or advise me on this. With this I have lost my all faith and confidence on Court as well on the lawyers.
Firstly he has not taken the money as a loan from you. So there is no legally enforceable debt. Hence on the first count you fail. Now on second test. Is he liable to pay back the money? You gave the money for some favour he worked on it and failed. If the court comes to the conclusion that he is liable to pay your money back then you win. If it considers he is not liable to payback the money you fail.
In your case you have a weak case. In these type of transactions there do not arise any liability to pay the money back.
In your case you have a weak case. In these type of transactions there do not arise any liability to pay the money back.
If you do not have any written record for having paid him the amount and if apart from the cheque you do not have any other documents to show to Court, it is just possible that the case may not be in your favour . In such se you have to approach civil court pay court fee of about 8 per cent and fight the case for recovery.
U can file the matter in the thane court as u have deposited the cheque in thane area and also spelling mistake wont effect in court matter. As u have other details to show his correct name also u shuld file 420 case for rest of the amount for which u dont have cheque
You will require to file your complaint at the place of your bank home branch, in your case is Bhuleshwar
Court fees will be 2 % amount of claim with maximum of Rs. 1,50,000
The mistake mentioned by you is clerical so I think it should not be problem as you have mentioned correct PAN and GST no
Hope I have answered your questions for any further enquiry contact
Regards
Court fees will be 2 % amount of claim with maximum of Rs. 1,50,000
The mistake mentioned by you is clerical so I think it should not be problem as you have mentioned correct PAN and GST no
Hope I have answered your questions for any further enquiry contact
Regards
You can file a Criminal Appeal against the judgement and seek for justice. File the same with limitation period without delay by contacting advocate. I don't know how you lost the case. Did your lawyer has mentioned that you have given money to get the government job and what is the role of that person at government university and what is their reply for your allegation. It has to be decided by perusing the documents.
Dear Client,
There is a provision of appeal to HighCourt under law against an order of acquittal in any case instituted upon complaint. You can file an appeal to the High Court subject to grant of special leave to appeal. Don't loose hope.. You may have evidence or all related documents but, it needs to be proved properly how genuine it is. So I wish you Good luck.
Thanks,
Suma Kudapali,
Advocate
There is a provision of appeal to HighCourt under law against an order of acquittal in any case instituted upon complaint. You can file an appeal to the High Court subject to grant of special leave to appeal. Don't loose hope.. You may have evidence or all related documents but, it needs to be proved properly how genuine it is. So I wish you Good luck.
Thanks,
Suma Kudapali,
Advocate
1. Thane JMFC court
2. Court fee will be 2% of the cheque amount.
3. Yes it would be helpful as evidence.
4. Mention the displacement of spelling in the complaint. It Should not be an issue.
5. Habitual offender. You can make a strong case.
2. Court fee will be 2% of the cheque amount.
3. Yes it would be helpful as evidence.
4. Mention the displacement of spelling in the complaint. It Should not be an issue.
5. Habitual offender. You can make a strong case.
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