• Payment fault

Sir My Name is Somnath and i am facing a problem 
I have sold 15 Tickets at 500 each to someone (Named Indra)
Now that person paid me the full amount by cheque (Named Helena)
Name of that person is different from the cheque issuer 
But i have a invoice in which he (Indra) has signed and received the tickets
Now he is blackmailing me that i have not received any ticket and give my money back
What should i Do?????
I am very upset
kindly help me
My Email I.D shalinibhuiya@gmail.com
Asked 10 years ago in Criminal Law

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5 Answers

Indra had received tickets from u and had signed in invoice and stated to have received the tickets, but on the contrary he had issued cheques in the name of Halena. You should have given attention at the time of receiving the cheque. The ticket holder cant not issue cheque in the name of another person, all u have to do is to initiate a case u/s 415/420/406 IPC against that holder and claim of the amount.

Soumya Kundu
Advocate, Kolkata
86 Answers

1. Indra has acknowledged the receipt of the tickets from you, so he can not claim those tickets again,

2. Moreover, he has not paid you for the tuickets, rathger Helena has paid you the money,

3. Some day Helena may claim refund of the money she has paid ,

4. You now claim payment fro Indra and refund the amount you have received from Helena.

Krishna Kishore Ganguly
Advocate, Kolkata
27457 Answers
726 Consultations

First disclose the nature and mode of business transaction with Indra and Helena.

Devajyoti Barman
Advocate, Kolkata
23220 Answers
514 Consultations

1. If tickets were sold to Indra then why did you accept the cheque signed by another person i.e Helena? Is Helena the authorized agent of Indra? If yes, has he been specifically authorized by Indra to issue the cheque towards the payment of the amount of 15 tickets sold by you @ 500 each to Indra? You should have addressed these queries to Indra before accepting the cheque signed by Helena.

2. How were the tickets given to Indra? In the invoice Indra has acknowledged to have received the tickets. Hence, he cannot now claim that tickets were not given to him. However, it seems that he is now attempting to recover the amount from you by showing that Helena was under no obligation to issue the cheque to you. It will not be wrong to say that you fell in the trap laid down by Indra.

3. Now issue a lawyer's notice to Indra refuting your liability.

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

Claim the price of the tickets from Indra.

Prithwish Ganguli
Advocate, Kolkata
21 Answers
12 Consultations

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