Hi! We are constructing a new CBSE school, for which the DTCP approval is mandatory. We met a consultant for the approval. He told us that we need to make fee payments to the government for the approval process and that they are various heads and amounts, so he suggested giving him blank cheques so he can pay for the fees. So I gave him 3 blank cheques as he demanded. He paid 2 of the 3 cheques to the DTCP office for 9,94,000/- and 9,000/- respectively. He got us the approval as well. When I inquired about the third cheque, he said there is an ongoing case, upon its completion we have to pay the amount, so he took an undertaking that we would pay the money if the government demands. Later after an year, he did not use the cheque for its intended purpose and had given my signed blank cheque to his friend for their personal purpose and withdrew 5,00,000/- from my account. I told and gave him to use it only DTCP process, but he had given it to his friend, to whom he owes money. Upon asking, he says that I still owe him money as fees, so he gave my cheque to his friend. I have paid all his fees of Rs. 1,60,000/- as consultant fees. How can I get my money back? Isn't this criminal activity to misuse and misdirect my cheque for his personal use, when I have given it for official matters. Please help me!
Hello,
It was not good on your part to provide a blank cheque to some one.
Was there any agreement between you with regards to the professional fee or with regards to the fact that the cheque will be paid for DTCP process?
However, yes that does amount to criminal activity and you can file a case but you will have to prove the same before the court and the police.
Regards
Once you give blank cheque you authorise the person to fill in details
2) if he has misused the cheque file police complaint against him for cheating under section 420 of IPC
You have to file a cheating case against him you can go to the police station and file FIR under section 406 and 420 against the consultant for misusing your cheque and drawing amount from your bank account without your permission
File a police complaint against him for breach of trust and misappropriation of property
You can file a case if cheating against him as well as also file suit for recovery. You can also make his friend a party in the same.
When supporting documents speak of a reason to issue cheques, you can be assured that not only your money but the culprit shall be punished . Send out a notice demanding return of the cheque, the unauthorised sum withdrawn along with damages .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
File criminal complaint without fail. Use of cheque was illegal and unauthorized.
This is my response to you:
1. Did you have an MOU or an agreement regarding this cheque?
2. Do you have any evidence to prove this was for official use?
3. Do you have chats or emails regarding the same?
4. Then you must first send a legal notice;
5. If he does not reply then file a suit for recovery;
6. You can also file an FIR for cheating etc;
7. Consult a local lawyer and take steps urgently.
You can file a case against the person for cheating and breach of trust with the police. The police shall register a FIR and take step against the said person .
Dear Querist
you may file a criminal case against them for cheating, fraud and breach of trust under section 420/406 of IPC
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First of all, giving blank cheque itself wrong on your part. Anyhow, as it is cheque transaction, you can claim your money stating you have lend the money to him. send legal notice to him with evidances including his consultancy charges settlement.
On the basis of the evidence for having given him the cheque, yu may issue a legal notice asking him to return the cheque or to return the amount usurped by a third party illegally.
You can endorse a copy of this legal notice to the third party who encashed this cheque.
You may inform him that if he is not returning the same within a week you will be compelled to lodge a criminal complaint with the local police for the offences of cheating.
Discuss with your advocate and proceed.
file criminal complaint against him u/s 420 of ipc.
Dear Client
It is a clear case of criminal Breach of trust by an agent(Section 409 IPC) and you should immediately file a police complaint against that agent and also file a recovery suit in civil court to recover your money.
And you should also file the complaint against the friend of the agent.
Your case will be strong under section 406/409/420 IPC and these sections are Non-Bailable having a punishment of max. 10 years.
