Legal Question in Criminal Law in India

Hi..I am writing to you from Bangalore. I come from an humble background and a middle class family. There is a person who has cheated me to the tune of Rs.15 Lakhs.

We (he and myself) was supposed to start a training business. In the process, I had handed over the above said money to him and in return, he had provided cheque for the said amount as security and proof of the same. However, when I presented the cheque on the said date, the cheque bounced. This I presented 4 times and all the four time, the cheque has bounced.

I want to know what are the options that are available for me to recove this money from him, as I have these cheques as the only proof for me giving the said amount to him. Please help me with advise, guidence, actions that i can take and also, what kind of protection I need to safeguard my money and claim.

And also, I need a legal expert who can help me in this case and I can pay him certain agreed percentage on the recovery.

Looking forward for a helping hand please.


Asked on 1/07/11, 8:45 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

was the money invested in the business or handed over to him to start the training business. It would depend what were the intentions of the parties when you handed over the money. If the cheques were given to you in discharge of liabilities, then surely you can file criminal complaint against for which you have to issue him a legal notice within 30 days of the last dishonour. However, if a legal notice was issued earlier but cheque have been deposited again, then criminal action will not lie. Your civil action for recovery can be filed within three years of the date of the cheque.

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Answered on 1/07/11, 9:02 am


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