Cheque bounce case

Dear Amu,

There must be legal due debt against you and in favour of complainant vendor. you must have sought the legal advice earlier now you have no other alternative but to contest a case.

Rajiv Bhasin

Advocate

bhasin.laws@yahoo.com

9811210505

Thank Mr Bhasin for the reply, there is no evidence of liablity , no supply therefore request him to returns cheque. 4 heques were cleared since supply was done from his end.

That dont favour the compliant. 

Cheque law is a technical law and it presumes your liability since the cheque was from your account and it is bounced for want of funds.

 

The case is not for recovery but conviction so you should take proper care for contesting the case.

 

With proper legal steps cheque cases can be won but not on such arguments that it was secuirty cheque or blank cheque. Courts can not believe your word only. You have to produce reliable evidence.

Since you dont have any liability or demand at this point to make payment to vendor . The cheque deposits stands in valid you need to contest your case carefully. Your case seems to be strong  but still need to throw some more light on the said matter .

Regards,

Adv. NIKHIL SETH

Mumbai.

it is the case of complainant, what you did in your defense? it is more important. you must file a criminal complaint against that person or firm for misusing the cheques.

thanks for all your valuable reply....... please let me know , can i take defense step now   since i got the court notice to appear.....the total  amount for three cheques is small of  about rs 15000 ..... compliant is playing games......can i  go for application for compounding ....since i shall consuming my valuable time...energy...for such a small amount. would be extra extra careful for my future transaction ...learned a lesson.

 What are other compromise options that i can apporach.

please advice

Dear Amu, Don't do as wrongly advised by Mr. Vikram. Burden of proving the facts shift upon you and you will be convicted. There must be some correspondence between you and supplier about the security cheques. Please check all correspondence there must be even whisper of all dealings and accounts settlement or balance confirmation from both sides. all this will help you. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

Dear Amu, Your reply was not posted, when i was giving my reply. Attend the court and pay Rs. 15000/- cash and request the court before making payment that you want to pay all the amount and case be compunded. Magistrate would do that. In future take the acknowledgement or letter from the supplier that they have recieved the blank cheques as security with undertaking unless and untill there is a liability which is more thant 3-4 months old they won't present these cheques. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

thanks for all your valuable reply....... please let me know , can i take defense step now   since i got the court notice to appear.....the total  amount for three cheques is small of  about rs 15000 ..... compliant is playing games......can i  go for application for compounding ....since i shall consuming my valuable time...energy...for such a small amount. would be extra extra careful for my future transaction ...learned a lesson.

please advice.

 

Dear Mr Bhasin

thank you for the information.

Dear Sirs,

I had given the money to one of my friend / colleague for Rs. 25,000/- against that he had issued me only one cheque to me (without any name for Rs. 25,000/-, which is approximately 3/4 months old but seems to be wrongly signed).  Even I have not deposited a cheque to any bank, but have come to know that he is made a request to bankers that it is misplaced.

The above cheque issued without any Promisery Note or there is no cheque is available with me.  Please let me know if can I file any case aginst that person.  Is there any chance for getting my money back.

Please confirm on immediate basis.

Thanks & regards,

Rohit

Dear Sir,

For filing a criminal complaint against your friend, you needs to present the cheque and needs to do further proceedings as per NI Act,

Although your case is very week, as you know that that cheque has been wrongly signed and payment for the same is already stopped. But it needs to be prooved by your friend only that this is not given to you.

Thanks.