Legal Question in Civil Rights Law in India

dishonoured cheque

Two of my colleagues have taken Rs.20000 from me bluffing that they had some emergency. Within a week i found that they purchased a cell phone and they are also planning to resign the job. so, i have requested them to repay the money. after a constant persuasion, one of them took the responsibility and gave me a cheque for Rs.10000 dtd 19/09/07. and promised to transfer the remaining funds online. later, panting with excuses,he said only Rs.6500 were transfered and gave me a transfer#.inspite of waiting for a week, i din't see any credit to my account.tried to produce the cheque for 10000, found NSF in his account. all that i have a proof is an SMS saying'' i've transfered 6500 to ur account'' and the cheque for 10000 rupees.all this took place in presence of a common friend .please advice me how can i prove that they've taken Rs.20000 coz, the SMS and the cheque show a total of Rs.16500 but not Rs.20000.Also, the SMS showing transfer of Rs.6500 and the cheque were on the same date. would this be a valid case to prove atleast a total of Rs.16500? please advice me how can i collect the total amount. its been a lot of mental stress that can't be expressed. i want them to teach a lesson so that they won't cheat anyone else in future.


Asked on 9/25/07, 7:40 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: dishonoured cheque

Good Evening

Well you need to serve them with a Legal Notice first and then file a suit against them in the Small Cause Court. In case of need please contact personally along with the evidences and details

Professional charges are applicable

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Answered on 9/25/07, 8:10 am
Amit Shukla AS and Associates Legal Services

Re: dishonoured cheque

Dear Friend,

Don't take tension.You have a legal proof about Rs 10000/- and sms can consider as a proof for the payment.But Your total money is Rs 20,000/- that is heigher then the total of above said amount.So first you give a notice to both of your friends and there is no response,you can file a civil suit against your friends.You can meet me or our associates.Professional charges will apply.

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Answered on 9/25/07, 8:24 am

Re: dishonoured cheque

You may initiate complaint u/s.138 N.I.Act ON THE BASIS OF CHEQUE and also file summary recovery case on the basis of cheque.You also file separte suit for recovery in respect of Rs.6500/ basing your claim on SMS and coroborate the same with the testimony of your friend.Consult a local lawyer with all details.

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Answered on 9/25/07, 1:04 pm


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