Legal Question in Criminal Law in India

Dear sir, I am Mr. Glen, Age:36, from Mumbai. In Jan 2010 I had made a agreement for 3 years with Mr. Arif a known person who is a professor by nature. He required finance to start a Tutorials and I paid him Rs 6,00,000/ (by cheque) for the same on condition that on a yearly basis he will give me 50 percent of the principle amount i.e. Rs 3,00,000/ yearly irrespective of his profits or even if it is shut down. And if he is unable to pay within the due date, then additional 24 percent of interest per annumn will also be applicable to him. Till date he is has paid me only 4,00,000.(Rs 1,50,00 by cash and 2,50,000 by cheque).Initially along with the agreement he had given me one blank cheque as a security . Later he started harassing me and was reluctant to pay me anything. So I approached a lawyer. U/s-138 of NI Act my lawyer had sent a reminder letter to the opponent via speed post and Reg AD on 27th June 2012, which was rejected by the opponent. Later my lawyer told me to deposit the blank cheque with the amount. The cheque was deposited and was bounced. Further a demand notice was sent on 13th July 12, which was not acknowledge by the opponent. Later a complained was filed in the court on 17 Aug 12.The court had given a hearing date on 15th Dec12, wherein the opponent did not turn up. The next date given was 15th Mar13, where in he had filed a bond. The 3rd date was given on 22nd July13 wherein again he didn�t turn up and was absent. Now a further date of 26th Sept 13 is given for hearing. On all 3 occasion (hearing dates) my advocate never bothered to say anything to the judge and blindly accepted everything. Looking at this scenario I am feeling some suspicious is going on. Sir, I am in deep trouble, since it was my harden money which I had given to him. Please guide me with all legal aspects, what should I do.Also can I fine a civil case?What are the advantages disadvantages of the same?


Asked on 8/07/13, 8:52 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You should trust your lawyer and proceed with the case. You have a right to file civil suit for recovery.

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Answered on 8/07/13, 10:20 pm
Shrichand Nahar S.V.Nahar, Advocate

Please consult a lawyer of your choice with all the details for proper advice and guidance.

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Answered on 8/10/13, 12:47 am


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