The person I had a deal to purchase a bike turned out to be a fraud
14-Sep-2023 (In Cheque Bounce Law)
I had a deal to purchase bullet 350 classic, I paid him ₹55000 intially in two installments.He provided me proove of payments.But after one week whan I asked for handover,He stopped answering my call and msgs.He was giving silly excuses for not giving bike.One day I decided to reach police for help and told him that I'll lodge an FIR against him, then he called me and asked me to come at his home to take handover of bike.I reached his home with my two friends as witness,and we cancelled deal by writing on paper.He provided me cheque for 55000. I found that due to insufficient balance cheque was bounced.After one week he is forcing me to represent that cheque again. Harassing me for my money, Abusing me, Blackmailing me.He is selling someone else's bike on his name.He has no fear of law and police as he is an advocate. I am a working professional. I want my money what I have earned with all my hardwork
Hi, you need not worry. Him being a lawyer doesn't change anything. I would highly suggest you to fix an appointment with us in person through law rato. We can work on your case and ensure you get the justice. Meanwhile, please keep all the important documents ready like FIR report , message conversation etc.
you have to file FIR againt him and file a complaint case of Cheque bounce in 138 NI act and and advocate donot have any previlaze law is equal to all so there is no need to panic and file case against him
Dear,
You can file an appeal under section 138 with Section 142 of Negotiable Instrument Act, 1881.
According to this above section dishonor of cheque.
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice. to any other provision of this Act, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both
You can file an appeal under section 138 with Section 142 of Negotiable Instrument Act, 1881.
According to this above section dishonor of cheque.
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice. to any other provision of this Act, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both
as you have mentioned, you got a cheque of Rs. 55000 but due to insufficent case can not be cashed. Under NI Act you can get relief. again represent your cheque before the bank. if this time also the cheque can not be cashed, due ti insufficient fund the better option is to send him notice under NI Act. in case he did not return your money file a case under NI Act.
Do not worry, about this type of situation. First of all, you can file a suit under Section 138 N.I. act and 406 I.P.C. in court for check bounce. You can seek advice from a competent lawyer for this. For More detail inquiry Please contact me. Thank you
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