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What will happen if the cheque gets dishonored
21-May-2023 (In Cheque Bounce Law)
Hi Sir, Recently i have issued a post dated cheque to X person as a reason of black mail. the person claimed he had spend 5lac rs on me for previous 3 years and since there is no relation now he blackmailed me to return same. there is no bank transaction involved its just money spend on food travel etc. which would be approx.1.5lac. i dont want to pay money so doing stop payment. what legal obligation i will have to face and safeguard myself with law without any charges. Kindly help
If your cheque got bounced. Then the other party can file criminal case of cheque bounce against you,he is having that liberty. You only need to defend yourself in that matter or by sending notice reply.
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Adv. Pramod Dhule
Pune | 25+ Answers
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Hello
Based upon the short facts mentioned by you here is the solution for your question:
1 Firstly calm down and do not panic in such situations. Let me tell you that you will not incur any financial or legal liability in this situation so need not to worry.
2. This transaction is not valid under Indian laws so you can intimate your bank to stop the payment immediately and will not be penalized under any circumstances.
3. This transaction is crime in law hence it will attract relevant provisions of Indian Penal code regarding Extortion of money so you need to Lodge a F.I.R. in the police station within whose jurisdiction you received the black mailing calls from.
4 Do not waste your time to file the F.I.R. otherwise the accused wile get benefit of doubt and he may escape from the punishment.
For further help you may contact me through Lawrato.com website for consultation.
Regards
Based upon the short facts mentioned by you here is the solution for your question:
1 Firstly calm down and do not panic in such situations. Let me tell you that you will not incur any financial or legal liability in this situation so need not to worry.
2. This transaction is not valid under Indian laws so you can intimate your bank to stop the payment immediately and will not be penalized under any circumstances.
3. This transaction is crime in law hence it will attract relevant provisions of Indian Penal code regarding Extortion of money so you need to Lodge a F.I.R. in the police station within whose jurisdiction you received the black mailing calls from.
4 Do not waste your time to file the F.I.R. otherwise the accused wile get benefit of doubt and he may escape from the punishment.
For further help you may contact me through Lawrato.com website for consultation.
Regards
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Adv. Milan Dhanale
Thane | 25+ Answers
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Nothing can happen to you.don't worry.i guess he is your ex,he paid because he wanted and willingly as was the relationship.now it's over so over.no need to pay.if you want you can file complaint for criminal intimidation or extortion to suppress him according to the facts of the case which will also safeguard you from any future problems by him.
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Adv. Sumeet Sapkale
Mumbai | 25+ Answers
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In cheque bounce matter it is obligatory on complainant to prove that he has paid the amount to accused against which accused issues the cheque...if Ur x has no other documentary evidence other than food bill etc in that case you don't worry and stop the payment...you can say that the cheques were take for some other purpose from you.
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Adv. Ajay Ratanpal Mehrol
Thane | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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