Help cheque bounce

Thank you advocate Bhasin sir, i will try to give detailes as below..

1. His Affidavit says : cheque was handed over to deponant, cross he says cheque was given to office in my absence.

2. His affidavit says: bills were sent along with the material, in the corss he says it is true bills were not sent along with material, material was sent by manufacturer.

3. His affidavit says: material supplied as per agreed price, in the cross he says we had no price agreement.

4. He exhibted only account statement no bills. in corss he says:

-- i did not sign the bills, staff signs

-- i did not send the material.

-- material was sent by manufacturer directly.

-- there is no receipt of accused on bills.

-- i do notknow  the qty and when the material was sent, it is on bill.

-- i do not know the address of accused it is on bill.

-- i had no poa at the time of complaint, it was given to me later.

-- i have not exhibited any bil or order, it is not on file

-- this is false to say all the bills are false and fake.

-- this is false to say account statement is false and fake.

-- this is false to say that blank cheque was misused by me

-- this is false to say that blank cheque was filled by me.

-- this is false to say that  cheque is filled up in two inks.

-- cheque was not signed in my presence.

-- i was not present when cheque was given to my office.

-- this is false to say accused gave blank cheque not for liability

-- i did not file the application for withdrawal of authority of original complainant.

-- i filed my application

Please tell me what to make out of this, no other witness by complainants, now for s.313.

Dear Sirs, please tell

how the opportunity is lost and what else could have been asked. Also pl tell from the cross, is the liability proved by him ? you all handle such cases very often, please  advise if this cross helps me. thank you in advance 

Three important factors come out from his cross..

1. He had no POA, it was given later to me.

2. i did not sign, did not send etccc shows that he is not conversant with the transaction.

3. Without bill and without acknowldgement receipt on bill, his statement liability is not proved.

4. Cheque was not signed in my presence and not given in my presence, so he cannot prove the execution, if you counter that it was blank.

5. Biggest contradiction is Pt# 1 in your lead.

So in my humble opinion complainant has not proved anything in over confidence. I do not know what was your counter evidence during cross, if you have confronted him with some document then may be you are safe.  

Dear Mr. Raju,

As per you, complainant completely failed to discharge the legal obligation of proving the debt on your part. which is the foremost thing in cheque bounce matter. what your advocate suggest. what defense you want to take is now important.

Rajiv Bhasin 

Advocate

thank you sir, actually i do not have much defence, my lawyer suggest as follows:

1.  some of bills are present, which are over value and wrong, but lawyer told me not to present the same, it is his case to bring the bill to court with statement.... i am confused what to do.

2. my lawyer told that  my bank statement where it is clear that cheque series in use was 2 years before he present the cheque for bounce, entry in counetrfoil is also blank on amount and date, so he says we will call the bank for account statement. the countefoil is already exhibited by us in court at the time of his cross.

my lawyer also tells me not to become witness and by calling bank our statement will be proved and counterfoil is also exhibted during his cross, that is also proved. 

Since so many ld people are here, pl tell if this is sufficient, i am worried as some expert wrote that opportunity lost.

1) This is a free sight and you can not know who has actually contested any case till finalisation.

2) Defferent people give variety of suggestions and there is no liablity for results. So in the long run it confuses the advocate who is conducting the case.

3) Pl do not confuse with opportunity lost but contention is that even at this late stage you can recall the complainant and seek some valuable admissions which will ensure sure victory.

We and some other Ld experts had suggested you not to take cross of  the second deponent and go  to REVISION if court rejects your application. You should have contested on this issue alone in higher courts. IT WAS SURE VICTORY.

4) Once you admit it is your cheque and you have signed it and it is bounced far want of funds the other defenses like old cheque etc is lost. YOUR LIABILITY IS PRESUMED.

5) Unless you can prove that the liability was not there till than the liability was less or defective has no meaning. SC in very recent LAXMI DYCHEM case has rejected such defense.

6) However  a) the bank slips b) notice c) ack card of post office   comes from custody of the complainant and you can certainly create doubts about their validity. But it has to come from the cross of the complainant .

Maru Sir, thank you for valuable idea. you say that this witness will not be allowed by higher court, so if i do not go to revision now, and get convict, then can i not tell higher court this. can higher court not give order on this point. pl clarify 

Lakshmi Dychem order is quite freely used on this forum to instill some kind of fear in the mind of accused. The order only states that there is no bar in taking the cognizance on any kind of dishonor. Cheque bounce for any reason Insufficient funds, stop payment, signature mismatch, accounts closed, almost  everything is covered under S.138. Thats all !! infact this order is very good for accused as it paves the way to accussed to raise and dispute the transactions or even the quality of material or services.

It does not say that accused has to positively disprove the liability. It can be proved that liability was less than what is there on the cheque, it can be proved that liability was defective. Case fails.

Now coming to your case,  complainant has miserably failed to prove the liability, as rightly observed by Adv Bhasin. Moreover complainant has failed to prove the execution of cheque as well. Once the complainant has failed to establish the liability, there is nothing left to disprove from your side. Process will go on, do not attempt to overspeak and do not examine yourself. may be if you feel to prove something through Banks do that after discussing with your counsel, otherwise relax, you will come out.

Request to all Ld members : Next date is for filing of answer on S.313. Pl let me know from the cross if I should speak on liability and bills, as the complainant has not put any bills on record. Can i aply for discharge at this stage since authority is not proved and liability is not proved. pl help

hi, i am kishor, 

Two years back i had helped my brother-in-low. amount was 20 lakhs. he had given me blank signed cheque against that amount. he is not replying me from last one year. niether paying nor intend to pay. being my close relation , i kept quite and tried thru relatives. now i have decided to teach him lesson. on enquiry it is found that account is not exist of which cheque is issued. can i deposite cheque. what will be bank remark, will that remark work to file case against him. please advise

hi

i need help regarding check bounce case

hi

i need help regarding check bounce case ( please help give some suggesions because i was cheated )

my name is Abhishek

i had given two checks to a person name : Mr. Sunil

i  am living in mumbai .

Mr . Sunil  was living in Pune.

i had given 2 checks of one lack each.

the checks were presented in bank for clearing

and both the checks bounced.

Before putting the checks , there were some discussion between me and Mr. sunil  on not to put the checks in Bank but he was thinking something and in hurry he presented the checks in bank.

he presented one check in Mumbai Bank Branch,

and other check in Pune Bank Branch .

the checks had bounced and then he had send me notices .

then Mr. Sunil filed two cases of under 138 against me , One in Mumbai court and Other in Pune court  in 2008.

now , I And Mr. Sunil  had a some discussion   and

IT WAS decided that  he will withdraw both the cases , i will pay him his amount

So i gave him 2 new checks , but he told me to give those in his brothers name,

i simply said ok . he said he will give me the original checks back so i agreed.

he also said that he will withdraw the cases himself , i was not needed.

he gave the original checks therefore i believed in him.

the cases were filed in year 2008,

NOW,  suddenly i recieved a warrant in those 2008 cases, and came to know that those cases were not withdrawn by him . he had cheated me.

i went ot court and cancelled the warrent , but this is shocking for me .

the other checks in his brothers name are passed by me and amount is recieved to him.

now the origional checks are with me , Mr. Sunil is not having the checks.  court case is filed by using Xerox copy of checks. 

Please Help Me

I have Paid him and he wants more. or he is going to Harass me.

he may say in court that he lost the origional check. what should i do.

now what stand should I take in Court.

is there any Caselaw for such cases,

please guide me what steps should i take in court.

Thankyou

Abhishek

1) all cases are liable to be dismissed but far that you have to appear in the court and contest properly.

2) Appoint an expereinced advocate in the line and you can get results.

This case is under S.313, very specific point is observed,

1. In the complaint it is written cheque was issued in FY 2005-06.

2. In the affidavit deponant says cheque was handed over to him on 11.07.2006.

3. In the cross this deponant says cheque was given to his office in his absence.

Can the deponant improvize like this ? please help how this can help me and what should I do.

Pl let me know can I file the application for impeachment and also for perjury at this stage.