Sec 138 niact

The  evidence for taking hand loand on giving hand loan through written documents/

Some body may have even money earned by illegal means or do not file IT returns , it can   not absolve the accused of cheque bounce from liability.

 

Law and procedure for cheque bounce has been made short and simpler by recent judgments of higher courts. An experienced advocate can get conviction even on the basis of plea of the accused. it self. It is not done just because  most of  the advocates  conduct the case as if it is civil case.or even normal criminal trial.

 

There is other side also  which is similarly  effective. WE know  and deal with the advocates who get the accused out what ever be the case by  taking advantage of  various  technical issues.

The cheque bounce case may not sustain if the legally liable debt or issue of loan is not proved or established.

Cheque law says existence of cheque means it was given for a legal liability.

 

You have to prove non existence of any liability than only you can come out the case.

 

There are many other technical issues through  which any accused can come of the case easily.

CHEQUE BOUNCE ACCUSED AS WELL AS COMPLAINANTS TAKE ADVANTAGE OF LOK ADALAT SHEDULED ON ALL INDIA BASIS ON 14TH FEB 2015 ON INITIATIVE OF- MINISTRY OF FINANCE GOVT OF INDIA. FAR EXISTING AS WELL AS FUTURE CASES AND EVEN APPEALS. GOOD FOR ACCUSED. a) You will come out of criminal cases. b) Bargain hard in LOK ADALAT and your liability may be reduced many fold. c) Show inability to pay upfront and issue post dated cheque. d) Even if this cheque IS bounces in future there will be no more criminal case but only civil case for recovery but with interest. You will GET lot of time to pay up. e) Even IF the case is in appeal such settlement will be allowed in LOK ADALAT. GOOD FOR COMPLAINANT ALSO. a) You will come out of expanses for criminal case immediately. b) Even if the settlement cheque of LOK ADALAT bounces you can file summery suit for recovery where the procedure is short sure and simple c) Even if you to agree for reduction of value and settlement cheque is bounced even than in the future through summery suit you can get interest ALSO till recovery. d) In the criminal case if the accused do not have money he / she will be at the most go in Jail which has no meaning for you. Most of courts are giving minimum jail terms due to clogging of jails. This will also come after long trial and appeals. e) And in cases after long trial and further appeals if the case is lost you will loose opportunity to file civil case due to limitation. SO THIS IS WIN WIN SITUATION FOR BOTH AND TAKE ITS BENEFIT.