Legal Question in Criminal Law in

I gave money to a person at diiferents times without committing any written deed for busness purpose to get some profit. The money was for specific projects but the person was not given contract for that supply project and sent the items purchased to another person. I gave him furhter money which made all my money upto Rs 2,000,000. On my demand for pyaback of the money for my needs he used to agree for the decided date but later would say that money could not be arranged and new date fixed for the return. He gave 25 June 2010 as the last date return of the entire amount and also declared to give me a profit of 20% (averaged to 2.5% pm).

Then he told on 13 June that he would be able to return the money in June.

He had given me 03 Cheques at his own as a proof that he has received money and he calls thses cheques as surety cheques meaning these are not supposed to be cashed but used as evidence only.

After lot of efforts and mediations he returned some amount and one of the cheques was destroyed as the amount was paid back.

After failure to getback the amount FIR under 489-F was launched and is now in Jail.

He got bail for one checque (Rs.200,000/-) apparently due non presence of my advocate or my self but the bail was rejected twice for the other cheque (Rs1,400,000/-).

His advocate said in the hearing the the cheques was not given for purposed of encashement.

Does there exists any such provision that a cheque can be decalred as issued NOT to be presented at a bank.

It is also being said that talking of profit will weaken the case and the calimant termed as a greedy person and any fixed rate of profet is usury and illegal.

Kindly comment,

Regards

Attaullah

Rs 1,400,000 on


Asked on 1/26/11, 9:56 pm

1 Answer from Attorneys

The cheque is always issued for a payment of loan or fulfillment of an obligation. There is no surety cheque term. these are the lamb excuses from the accused side. Don't worry, You must also file a recovery suit against that cheque in which he got bail from court in session court as it is a speedy trial.

for more info do consult me at [email protected] or my cell

0321-4610092

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Answered on 1/28/11, 6:12 am


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