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Author Topic: Online fraud Attempt of 1 Lakh, now his cheque of 37000 inr Bounced.  (Read 99 times)

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Offline DeepakMumbai

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I need help in Cheque Bounce Case, originally it was an online fraud case, in which he agreed to settle it by sending my money back, and he sent 37000 INR cheque.
On 18th Feb, 2018
There is a person from Tamil Nadu, he convinced me to sell 1 Lakh INR online on facebook group by offering me to sell Bitcoin at a very low price. Once I sent him 1 lakh INR, he stopped responding, Although I had his phone call recordings, and Aadhar, Bank Details for security reasons. So I file a complaint in Powai Police and his account was frozen by police. Later he sent me back 65000 inr and 37000 inr in Cheque.
His 35000 inr was frozen in the bank, so he requested me to unblock his account and take 35000 through cheque. He even agreed to send 2000 inr as compensation. So he sent me a cheque of 37000 INR.
His Bank Account was frozen by police, which was later un-freezed by police on my request once I received the cheque of 37000 INR, so that I can en-cash the cheque.

Time Line of Events

19 Feb 2018: I sent 1 lakh to accused via UPI, Tez App
22 Feb 2018: Filed a Police complaint (No FIR)
5 Mar 2018: Bank Account of the accused was freezed by police.
21 March 2018: Sent me 20,000 INR via Cash Deposit Machine
12 Apr 2018: Sent me 29000 inr via UPI, BHIM App
1 May 2018: I received 16000 inr via UPI, Tez App
17/06/2018: Received cheque of 37000 with the date on cheque 18/05/18 via private post.
20 Jun 2018: Account de-freezed by police on my request.
25 Jun 2018: Cheque dishonoured by Bank.
Now I found that cheque is dishonoured by the bank. Again he is not responding to phone calls.

Should I go to criminal court or civil court or consumer court?
I want to know, how should I proceed, file a "cheque bounce case" only or both "attempt of online fraud" and "cheque bounce case"?
How should I proceed, I need your help.

Offline Deepak Joshi

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Re: Online fraud Attempt of 1 Lakh, now his cheque of 37000 inr Bounced.
« Reply #1 on: July 09, 2018, 08:31:28 AM »
Trading in bitcon is illegal in India so your transaction is not a valid one.
But you can recover your money under recovery of money suit as per civil procedure code.

Offline advjaibansal

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Re: Online fraud Attempt of 1 Lakh, now his cheque of 37000 inr Bounced.
« Reply #2 on: July 09, 2018, 11:26:47 PM »
when the fraud committed it was not illegal. It has become recently not illegal but RBI holds no responsibility for the bitcoin transaction and that not allowed.

Anyway, you need to file a case for cheque bouncing after issuing legal notice under section 138 of negotiable instrument act.

regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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Re: Online fraud Attempt of 1 Lakh, now his cheque of 37000 inr Bounced.
« Reply #2 on: July 09, 2018, 11:26:47 PM »

 

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