Legal Question in Banking Law in India

Unnecessary dragged into negotiable act case
Some 18 mths back I met with an enginr named sunny,who sold some software (where he didnt give a bill) to a cybercafe. As i and sunny were in the same field we bcame gud frnds. Almost a year aftr, the cybrcafe owner, wanted sunny to take back the software, as he was facing some financial problm which led to a dispute betwn them. I got a call frm sunny , where he was pleadng for help, as the cafe owner wasnt letting him go until he gave his money bck and threatened him with his life. At that very point, i send a blank cheque, with a forge signatr, after which he let him go.As we were too shocked and bit afraid we didnt registr a police complain at that time. I askd the bank to make a stop paymnt of tht cheque, and also made a complain in the nearby police station of a missing/lost cheque.The cafe ownr depositd the cheque after almst 6 months, which again was retrnd by the bank (in the form of stop payment), he has now sent me a advocate notice to pay the amt or face criminal charges. I m totally confused at ths very point of tme. They have also recorded a conversation on the phn where i m heard givng them a cheque in the name of that forged signatory person. As they dont own a bill of tht softwr, can they still frame me? Pls help

Asked on 12/02/07, 1:43 pm

9 Answers from Attorneys

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Re: Unnecessary dragged into negotiable act case

Yes,They can frame you.sent the reply to notice.consult a local lawyer or contact me withh all details with relevant papers.Professional charges are applicable.

Answered on 12/02/07, 2:09 pm

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Vijay Chandavale Advocate Vijay Chandavale & Associates

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Re: Unnecessary dragged into negotiable act case

firstly such transactions are very risky you ought not to have entered into. Fairly enough you should have taken help of police when were threatened for life . The consideration part and proving of debt would be there in due course during trial however the possite side would definitely sue you for Section 138 . Still go to police and call for the cheque involved at least that would save you from liability

Answered on 12/05/07, 12:03 am

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Unnecessary dragged into negotiable act case

Yes you may be framed with criminal charges. First you contact a local lawyer and give reply to the notice.

Answered on 12/03/07, 12:00 am

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G. M. Gupta gmguptaandassociates

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Re: Unnecessary dragged into negotiable act case

you must give reply to the notice.

they can drag you in court but you can prove that you were not liable to give money. a whole lot of things which can be discussed only after going through the documents.

Answered on 12/03/07, 1:39 am

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Amit Shukla AS and Associates Legal Services

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Re: Unnecessary dragged into negotiable act case

No.Please contact personally for more advice.

Answered on 12/04/07, 7:51 am

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Amit Shukla AS and Associates Legal Services

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Re: Unnecessary dragged into negotiable act case

No.Please contact personally for more advice.

Answered on 12/04/07, 7:51 am

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Amit Shukla AS and Associates Legal Services

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Re: Unnecessary dragged into negotiable act case

No.Please contact personally for more advice.

Answered on 12/04/07, 7:51 am

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J. Radhakrishnan independent Practice

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Re: Unnecessary dragged into negotiable act case

You must take the assistance of a local lawyer and ensure that you give a proper reply denying liability and contending that the cheque was not yours, nor was it given in discharge of any liability. Advice by a local lawyer to whom you should submit all documents and facts is the best thing rather than to webcast the problem

Answered on 12/03/07, 8:22 am

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