I have issued a post dated cheque bearing Ihave I have issued a cheque dated 28.8.2010 and sent the cheque by post on Aug.9 2010 (e-mail copy enclosed) for the refund of registration fee given by complainant’s friend. After getting the cheque Complainant insisted me to send some cash, so myself deposited Rs.4, 000/- on 14th Aug.2010 in his Bank account (e-mail copy enclosed and this can be verified from his Bank Statement) and self requested him to return the cheque. After getting back this much amount, Complainant told me that the said cheque has been handedover to his friend. On 13th Oct. I have paid the balance amount of Rs.500/- thru online bank transfer. On 12th Oct. I stopped the payment and withdrew all the money from my bank a/c (evidence enclosed). On 15th October Kallimony presented the cheque to Shibasav Nagar Branch of SBI and obtained a Memo from the Manger of that Bank showing “ Insufficient Funds”. There is no any entry in my passbook regarding the bouncing of the cheque. Cheque was issued on 28.8.2010 and the cheque was presented on 15h10.2010 nearly after two months.
After my voluntary retirement from a Govt.of India company, I had been providing online/offline data entry jobs since 2007 thru an American company and got lot of contacts all over the country and abroad. Complainant's friend is also one of my online friend (detail enclosed) and I met him only twice in my life in connection with the data entry work and our relationship was very good.
When I got a good Data Entry job from a Kolkata based company, self informed Mr Javed about this new data entry job. He has shown interest and given me registration fee Rs.6, 000/- for his registration. After some time Mr Javed told me that one of his close friend, namely Mr Ramesh Kallimony, who is a poor man and willing to do this job. I told Mr Javed to send his full details alongwith supporting documents, and money to register his name as Data Entry typist. At that time Mr Javed told me that he (Mr Javed) already told Mr Kallimony the amount of registration fee as Rs.7, 000/- instead of Rs.6, 000/-(actual registration fee). Excess of Rs.1, 000/- is to be parted between us and deposited his share (in the Bank a/c of Mr Nelesh, N Badvannavar, Advocate SBI A/C NO.10988716196 as commission (copy of e-mail received from Mr Javed enclosed) Self agreed to that request and Mr Javed obtained Rs.7, 000/- from Mr Kallimony and transferred it to my account. (Evidence enclosed) and requested me not to disclose the fact to Mr Kallimony as he is his best friend
Mr Javed started to do the work and sent his work CD to the company for validation. On validation it has been found that the work was not upto the mark and they rejected the work resulting loss of payment.. For this, Mr Javed frustrated and asked the company to return the money paid for the registration. As per the clause, the company will not refund the regn fee once registered..
At this moment self realized that the work is not suitable for Mr Kallimony, being a poor man (as told by mr Javed), has lot of expectations from this work, but seeing the difficulty of the work and uncertainty of the payment, self decided to refund his money back. On hearing this news from Mr Kallimony, Mr Javed requested me to refund his money too and self replied its not possible now, as his name has already been registered and done the work also..
After sending the money, myself requested Mr Kallimony on phone as well thru e-mail to send back the cheque to me (copy enclosed) but Mr Kallimony told me that the said cheque has already been handed over to Mr Javed, . I have been waiting for the cheque for a long time but in its place I got a Vakil Notice
Given below is the para-wise reply to the letter of allegation received from Mr Kallimony drafted by Advocate.
1. First of all, its informed that I have no any acquaintance with the complainant Mr. Hareesh and never sought any financial help from him, as he is a poor man as per the information given by Mr, Javed, then how can I request for a handloan from a poor man, and more over, there was/is no need for any handloan for me, as am a retd Govt.of India employee having a very good track record of more than 35 years of service without any taint and never involved with any fraud activities. I have not taken any amount from the Complainant and never returned Rs.8, 000/- by me as alleged by the Advocate Mr Neelesh.. The cheque in question has been given to him as refund of the money given to me by his friend Mr Javed (for details copy enclosed for kind perusal) for registration of Off-line Data Entry work. Moreover, the issue date of the cheque is 28.8.2010 and the bounce date of the cheque is 15.10.2010 (No bouncing record in my bank a/c) and the banker didn’t deduct any bouncing charges from my a/c too Normally they used to deduct Rs.100 towards bouncing fee.
2. When Mr Javed was frustrated, he asked me to give him back his registration fee also, but I told him that his money has already been given to the Kolkata company for the registration and subsequently he got Data entry work from the company. So self told him that its not possible for me to refund his registration fee as his money has already been paid to the company. On hearing this, Mr Javed told me that “ I will show you how I will get back my money”. Immediately I realized that Mr Javed will present the cheque to the bank on behalf of Mr Kallimony and withdraw the money. Immediately I went to SBI and given a written request for stoppage of payment of this cheque. Also self withdrawn all the money kept in my account. It may please be noted that the cheque was issued on 28.08.2010 and presented after two months, i.e. on 15.10.2010. On 13.10.2010 Final payment was made thru online bank transfer.(bank statement copy enclosed) Its presumed that when Mr Kallimony got the entire amount, immediately they hatched a plan and went to the Sivbasav Nagar, Branch and presented the cheque. I was aware that Mr Javed will persuade Mr Kallimony to present the cheque to the bank that’s why I have withdrawn 20, 000 rupees from my bank on 12.10.2010 and blocked the payment of the said cheque on 12.10.2010 as the cheque which has bounced has already been substituted by remitting cash to his a/c. and has become reduntant in view of the refund of payment thereof. Frustrated Javed obtained a Memo from the Branch Manager to file a case against me under Indian Negotiable Instrument Act (section 138). Advocate Me Nallesh is also a beneficiary of this transaction as Mr Javed instructed me to deposit Rs.500/- to the Bank a/c of Advocate who drafted the NI 138 notice as commission obtained from Mr., Kallimony.(copy of e-mail obtained from Mr Javed enclosed) Mr. Javed, a close friend of Mr. Kallimony, cheated by charging additional Rs.1, 000/- extra for registration of his name as Data Entry typist when the actual registration fee was RS.6, 000/- (copy enclosed)
Section 138 - 'Stop payment' - An offence is made out - However, an accused can prove that 'stop payment' was not due to insufficiency or paucity of funds but payment was stopped because of other valid causes including that there was no existing debt or liability at the time of presentation of cheque then offence u/s 138 is not made out. (M/s M.M.T.C.Ltd. Vs M/s Medchl Chemicals & Pharma P.Ltd.) 2002 (1) CIVIL COURT CASES 13 (S.C.) : 2001 (2) APEX COURT JOURNAL 636 (S.C.) : 2002 (1) ISJ (BANKING) 0237
1. Mr Javed himself was not sincere or faithful to his close friend Mr Kallimony, instead Mr Javed betrayed him for a meager amount
Under the above circumstances, its prayed that the defendant never involved in any mal-practices during my entire life. I am a God fearing man and a well wisher for all the mankind, never cheated any body, and never taken any hand loan from any body so far.
My earnest prayer is that those involved in this case may be given stringent punishment as per the law to evade such practices in future.
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