Santosh Kumar — cheated money fake cheque provide

Address:

400008

Please read carefully.
‘a’ means santosh katta
‘b’ means pravin b jain.
Case number :- 1205/ ss /2015.
Mobile:-[protected]

Assume that there are 2 parties; the 1st party being ‘a’ and the 2nd party being ‘b’.

‘a’ promised 5 lakh fifty thousand (5, 50, 000) given a loan for three years ‘b’ he received the amount by cheque & cash.in andra bank a/c (Which we mention all details in below down letter) ‘b’ to start his business. ‘a’ help as a friendly loan for ‘b’. With executing promissory note, ‘a’ asked the ‘b’ to issue 3. Nos pdc cross cheques (Ie.), without notifying the date, on the (Pdc) cheques only his signature.in the matter of trust & security purpose ‘b’ issued 3 cheques by signing on it but without notifying anything like ‘ date ’ to ‘a’.

This was happened 2 years back but till now ‘a’ didn’t get any return money from ‘b’ he asked please give me return of loan amount. So, the frustrated on ‘b’ he never give a response & not pickup the any calls from ‘a’ after some days ‘b’closed the bank account since he thought that why to maintain that account unnecessarily without doing any operation and handed over the whole cheque book (Except that 3 cheques issued to ‘a’), pass book and all required documents to the bank manager. But the bank manager asked those 3 cheques as well. So, ‘b’ he make a fake application to bank a/c manager & police station our three cheque are stolen from ‘a’

But ‘a’ is demanding a loan amount from ‘b’ to return the loan amount within time period, having said that ‘a’ tried to get my money back from ‘b’ but he couldn’t have amount of money in bank while he tried for that take a loan from others. The amount that he denoted is much high from the actual which is not even acceptable. He try to make cheat ‘a’.
Also now, ‘a’ started asked friendly loan money refund back from ‘b’ after follow up some days he decided that he will post the cheques for clearance in bank ‘b’ is not agreed to give the demanded amount and file the fake application to near police staion, ‘b’. At this time, ‘b’ is very much worried and understood that he got trapped, without any cause. Now, by this event, we might have predicted that ‘a’ had breached the 420 and do fake police application letter submitted in avoidance ‘b’ for the loan of money transactions.

Hence, please let us know shall ‘a’ lodge a complaint against ‘b’ to the file a case 138 sweri court by explaining the above said circumstances? If so, on what grounds / sections that we can file this case? Else, it may be problem if the same may turn around to ‘a’ as well?
After cheated ‘a’ & make fake application to local police station & bank.
'b' already had given instruction for 'stop payment', 2 months back. Further, 'b' given a detailed letter and mentioned that 'b' had misplaced / lost the blank cheques somewhere which was duly signed by him and where he couldn't able to find those cheques anywhere. Also, this has been accepted by the bank manager and agreed for stop payment of cheques, if anything entered for encashment.

But ‘b’ never mentioned that he had given cross cheques to ‘a’ because he thought that the bank manager won’t accept his request for account closure if he tells about aforesaid facts. His intension is not to hide any aforesaid issues but wrongly thought that it may be problematic for himself and don’t know how to deal with this matter because of some anxiety that ‘a’ might file a lawsuit against him since ‘a’ threatened ‘b’ like that. So, naturally, he got frightened. However, ‘b’ closed the account now and the 'stop payment' instruction has been accepted by branch manager. Additionally, the bm advised ‘b’ to give a petition about the loss of blank cheques to the local police station.

As per bm’s advice, ‘b’ approached the local police station and given a petition that the cross cheques might be lost somewhere or stolen by (A). Also, ‘b’ enclosed the letter about his intimation to bank and which was accepted by bm too.
But, the police inspector making delay to file this case without any specific reason and handling ‘a’ in a doubtful manner. Now, ‘b’ in a sticky situation that he couldn’t able to reveal the incidents about what really happened to ‘b’ because he is thinking that the problem might turn around to him if anyone knows about the cheque issuance to ‘a’. So, ‘a’ takes this as an advantage to him and tries to defraud ‘b’.

Suppose, if ‘a’ drops the cheques for encashment, what would be the reaction then? In this critical situation, what would be ‘b’s next move?

The stop payment of cheques may not come u/s 138 act. Isn't it..?!

Since the validity of a cheque is 6 months, how we can treat this cross (Pdc) cheques issued 2 years back and the same has been complained as it was lost by the drawer one & half years back? The drawee holding the blank cheque which was given 2 years back and never dropped it for encashment until now. Also, the said account has been closed one month back due to operational issues. However, the stop payment instruction give to is bank on 4 march 2015. Without inform ‘a’ (For the cross cheques drawer's signature) had been given some 14 months back. So, in this case, what is the validity of the cheque and how we can presume it?

Anyways, kindly advise us how to handle this situation better and make ease the process to escape the innocent ‘a’ from the culprit ‘b’. Hope you can drop a best feasible legal solution on this matter.

Please help and advice. We are on the verge of committing suicide if there is no legal help available and if we cannot get our money back from this person praveen b jain..