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
9 Answers from Attorneys
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.
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
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.
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.
Re: Unnecessary dragged into negotiable act case
No.Please contact personally for more advice.
Re: Unnecessary dragged into negotiable act case
No.Please contact personally for more advice.
Re: Unnecessary dragged into negotiable act case
No.Please contact personally for more advice.
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
Re: Unnecessary dragged into negotiable act case
From the facts of your case it appears that if the notice and your case is properly handled you will be acquited.
If you want you may contact me for reply etc
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