Cheq Bounce case?

Question

Hi,

I gave 30000/- to one of my friend, he gave me a cheq. When went bank and cross verified, S/B account is closed and it was not in his name. But infront of me he only and gave that cheq. Now he is not reachable for me and don't his address also. I don't know how to handle this case. Can any guide me in this issue.
Thanks a Lot in advance.

Answer 1

You say he is one of your friend but now he is untraceable & you don’t know his address also still you gave him 30000/-. He gave you bank cheque of an account which was not in his name. Now as far section 138 of The Negotiable instrument Act, 1881, you cannot even move under this as it clearly says where any cheque drawn by a person on an account maintained by him with a banker for payment.... What it means he should be a person maintaining an account with the bank, but in your case he is not the person who was maintaining account with the bank. Now as far moving against him under section 420 of The Indian Penal Code punishment for cheating & dishonestly inducing the delivery of property is concerned you can do so but for that you have trace his where about so that he can be brought to books. Even the police will ask you his whereabouts, they can only send information regarding this person to other police stations of the state where you live, but how far it will help to trace him only depends on your luck. Such people never stay in the same place after committing such offence & move out of the city & even the state where they commit such crimes. But don’t get dis-heartened just make a complaint to the police, get a copy of the F.I.R. keep it your record, & if any day he is caught & charge sheeted you can claim your amount along with other people who must be victim of his cheating. If you don’t act now, later on you will find it difficult to convince the court for delay on your part in not making a criminal complaint against him.

Answer 2

If you have: Some form of identification that he gave to you at the same time of writing the check you might have a chance. You will need to know the person's real name, address and some sort of ID method (Driver's license number, Soc Sec number, etc) in order to have a good chance if you pursue this legally.

You need to send the person a certified letter to the address on the check and any other address that they could be living requesting payment in cash or you will pursue criminal charges.

If you get no results, gather up as much information as you can and take it all to your local County/parish district attorney's office. There you can file a 'Hot Check' charge. Once this is done.. they will pursue and with value of the check it is quite possible this will be a felony charge.

Good luck!

Answer 3

Better not to waste u r time on this! In any transaction between two parties, both of them individually will get either experience or benefit or profit or success. I suggest you to feel it as an experience and never give loans just on the basis of a cheq.

Answer 4

Cheque bouncing case is filed under Section 138 NI Act, the following steps are involved:
i) Issuance of notice within 30 days of the receipt of information from your bankers regarding the bouncing of cheque.
ii) Filing of the complaint after 15 days thereafter.
iii) The complaint is filed before the court of the concerned magistrate based on the jurisdiction.
iv) Court issues summons against the accused persons and the trial commences.
IMP:
Always engage the services of very good lawyer for drafting and issuing notice, and the complaints as it is highly technical matter.

Answer 5

You are saying that you have given money to one of your Friend: So you might have know his address,phone number and family:Then you have received a cheque.At that time of receiving the cheque you might have verified whose cheque is that,where & in which bank the account is. This is the negligence on your point and I find you are hideing something now
.. verify with the Bank,what is the condition of the cheque... to which account and to whom it relates:If closed means get the address of teh closed account and get a "Bank cheque return memo stateing account closed for the cheque" Then proceed for legal action with a lawyer.

Answer 6

Put the Cheque, in bank and have it bounced. Once it is bounced, deal with it U/S 138 - Negotiable Instruments Act.
Go to this link for procedures: http://www.vakilno1.com/bareacts/negoinstruact/chapter17/s138.htm

Answer 7

You are screwed. Good friend.