My friend has cheated me by presenting a cheque which I given to him for another purpose but he used it to initiate a false legal proceedings against me. He is a property or real estate broker and having good business in our locality. We are also doing a small business related to the collection centres for different pathologies. During the covid we made huge profit and invested that money in the stock market. That business also flourished under the guidance of my friend. He is a master in the field of investment because he is MBA from a very reputed college. In the last year he told me to establish a pharma company but I was not ready because I wanted to carry on the investment. Our investment business was running very well last year.
Due to conflict of interest some differences have taken place between us. I withdrew all my investment and started another firm with an independent director. He presented that cheque in the bank by filling the details such as the date and amount. It was a blank cheque. He has written in the complaint that I paid that cheque to purchase a piece of land. Actually no such deal ever took place between us. He cheated me by using my blank cheque which was given for the registration of the pharma distribution firm.
Asked from: Maharashtra
But due to differences that firm was never established. Yesterday I received a summons from the court that a cheque bounce case has been lodged against me. I sent instructions to the bank and stopped the payment of that cheque. Due to which the cheque was dishonoured. Please help.
Your friend has alleged in complaint that cheque was given as the consideration for the purchase of a piece of land. You said that there was no such deal.
In this scenario, it is highly possible that no deed of conveyance such as agreement to sale etc. was executed between you both. Therefore, the claim that the cheque was given as the part of sale consideration is baseless and without evidence.
You should appear in that case and deny the existence of any debt and any financial liability. In dishonour of cheque cases, however, a presumption of existing debt arises against the accused but you can rebut that presumption on the ground that there was no such deal or conveyance between the parties. Then it will be the responsibility of the complainant to prove that the cheque was issued by the accused in the discharge of his debt or financial liability.
In absence of proof of discharge of debt or liability the court shall dismiss the case. If the court does not dismiss the case then you should approach the high court under section 482 crpc for the quashing of this false and frivolous criminal case.
There is no deed of conveyance which proves that the cheque was issued for the payment of sale consideration of the land then the high court may certainly quash this case.
Related: A person gave me a post-dated cheque but now refusing to pay
