You have done everything correctly, if the A presents cheque also he will be questioned, since you have filed a police complaint. Further, Issuing a cheque, there must be some cause, such as trade, money lending, loan etc. If A could prove that the Money was supposed to be paid to him, he must present the proof.
My point is that "b" is absolutely in safer side. No need to worry.
22nd July 2010 From India, Madras
By the way, unless there is "debt or any other liablity" that B has towards A, B is not liable to A for the issue cheques. So B is protected.
If police has not given you an FIR, send a written complaint by registered post to Station Incharge with a copy to SP. They will give you a FIR no. then.
NOTE: This is neither a legal advice, nor the author intends it be a legal advice. Any action taken by anyione based on the above information shall be at their own risk.
22nd July 2010 From India, Delhi
At the time of repaying first installment in June she started asking for an interest @ 5% per month. As I had taken the money hence I felt blackmailed. I had no option other than to pay this interest demanded by her. I paid the first installment towards repayment of the above loan in the month of June. A cheque for Rs.18,000/- was given, which was later encashed by her major son Mr. YYYYYYYYYYY. Breakup of amount (Rs.15000/- towards Principal and Rs.3000/- towards interest @ 5% per month for one month)
In following month, i.e. July 2010 Mrs. xxxxxxxxxxxx had to go out for some marriage in her family. She asked to give the balance amount and the interest due on the pretext that she was suffering huge losses in her share trading account with India Infoline Limited, and required to deposit the cash in order to manage the losses.
I agreed to it and arranged cash for the repayment. She again sent her son Mr. YYYYYYYYYY to collect the balance cash on the 6th of July 2010. However she did not sent the original Cheque No.111111 given as security. I offered her major son Mr. Abhijeet Anand to take Rs.40,000/- in cash, (Video recording was made sensing their ill intention) bring back the security cheque and take the balance Rs.5,000/- and the interest accrued till that date, then and there on table. Mr. YYYYYYYY and her mother Mrs. XXXXXXX to it and Mrs. XXXXXXXX asked me to hand over the cash Rs.40,000/- to her son YYYYYYYYYYY on her behalf at the earliest, as time was running and they had to deposit cash in their bank account. I gave the cash Rs.40,000/- to Mr. YYYYYYYYYYY which he duly received.
On their coming back, I asked them several times to give the cheque back and take the balance principal amount i.e. Rs. 5000/- in cash and the interest, but now Mrs. Suman Chakraborty started asking for an interest @ 12% per month. I was unable to pay this hefty interest, however I was ready for the 5% per month.
Since then these mother and son duo started evading contact with me despite living in the same premises. I made more than 20 requests whenever I saw them. But the desired never happened.
At last, I sent four letters vide Registered post with acknowledgement of this intent in the month of November and December 2010, but no reply came. Later she and her son threatened me verbally at several occasions that if I do not pay them the interest at 12% per month they will get the cheque bounced and file case u/s 138 NI Act on my wife Smt. ZZZZZZZZZZZ and get her jailed. ( The advocate says I can not present the letters in court as I have stated about the interest being demanded, but Mrs XXXXXXX has not asked for the interest in her notice)
Today on this 29th day of December 2010, I came to know by this notice that indeed she has presented the cheque for clearing and has threatened my wife with proceedings u/s 138 NI Act.
- The total amount that requires to be repaid back is Rs.5,000/- and the interest accrued till the 6th of July, 2010 which I am ready to pay any moment I am asked for.
- In no way it can be Rs.60,000/- as she has claimed by presenting this cheque. She never gave me any statement regarding this and presented the cheque for clearing even after repeated requests.
30th December 2010 From India, Ranchi