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How to deal with cheque fraud
29-May-2023 (In Criminal Law)
A person has done a fraud with my firm. He was working for me as a commission agent and he was getting some amount as the commission for every business he brought to the firm. In Oct 2015 he has collected a payment cheque of Rs.2lac from our client on behalf of the firm & then deposited the same in a fake account. When I asked him to return the money or get ready to face legal action, he asked for few days time to arrange the funds. In the meantime, he filed a complaint under section 156/3 that the firm owes him an amount of Rs. 6lac and firm deliberately gave him the same cheque of Rs 2lac to get it cleared. Please suggest what should be done know, I need a good lawyer who can help me in recovering the funds. This matter comes under the Jurisdiction of karkardooma Court, New Delhi
The latter part of the query is not clear. Firm gave him the Cheque of Rs. 2 lakhs, how? He must have filed 156(3) complaint to seek direction from the court for registration of an FIR. The complaint filed by the police has to be looked at and the Action taken report, if any filed by the police. Please consult with all case papers/documents.
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Adv. Urfee Haider
Delhi | 200+ Answers
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Firstly you send a legal notice and asked him to pay the amount and also mentioned all the details regarding fraud committed by him and also served a copy to the police officials . I can handle your case.
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Adv. Shashi Bhushan Jha
Delhi | 100+ Answers
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First of all, i need to know what are all the proofs or documents or witnesses u have to prove yourself. Because at that time why did not you questioned him u/s 156/3, on what basis he was asking for the debts? Under which provision he was really wanted to lodge a FIR. In this case we can file civil summary suit i.e. recovery suit against him to recover our amount.
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Adv. Laksheyender Kumar
Delhi | 100+ Answers
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Firstly you need to immediately file a criminal complaint against him under relevant sections and get the FIR registered.You can also go ahead and file civil suit for recovery stating all the evidences against him.Even if he claims so trust me he would not be in a position to prove his case through the evident content therefore please go ahead and take action against him ,Please feel free to contact for further details thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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I want to know whether the cheque issued was without name or name was mentioned by your client. If it was blank then you can get help of your client and can register an FIR against that commission agent under section 420/406 IPC
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Adv. Rakhi Budhiraja
Delhi | 25+ Answers
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