Cheque bounce
Munish Kumar
(Querist) 22 June 2018
This query is : Resolved
I HAVE GIVEN MONEY(4.5 LAC) TO OUR RELATIVES AGAINST TWO CHEQUES OF 1 LAKH EACH AND ONE CHEQUE OF 2.5 LAKH.
BUT THERE IS A MISTAKE IN WORDS OF CHEQUE OF 2.5 LAKH.
NOW PLEASE TELL ME HOW TO FILE CHEQUE BOUNCE CASE FOR FULL AMOUNT I.E. 4.5 LAKHS.
Guest
(Expert) 22 June 2018
Why you prefer to file a case instead of asking ask your relative to give a fresh cheque with correct amount? Even otherwise also, you are required to issue him a legal notice before filing a case, if cheque has been bounced.
Guest
(Expert) 22 June 2018
Why you prefer to file a case instead of asking ask your relative to give a fresh cheque with correct amount? Even otherwise also, you are required to issue him a legal notice before filing a case, if cheque has been bounced.
Munish Kumar
(Querist) 22 June 2018
Dear SIr, here i want to clear my query. My query is that can i file case for full amount i.e. 4.5 Lac against these two cheques of 1 lakh each as one cheque of 2.5 lac have mistake in words.
and one thing more these are current account cheques
Guest
(Expert) 22 June 2018
You have not replied my query, why interested only in filing a court case instead of getting a fresh cheque with correct amount?
Guest
(Expert) 22 June 2018
You have not replied my query, why interested only in filing a court case instead of getting a fresh cheque with correct amount?
Munish Kumar
(Querist) 22 June 2018
because now there are no relations as there was before.
Guest
(Expert) 22 June 2018
Not convincing .............
rajeev sharma
(Expert) 23 June 2018
complaint u/s 138a is filed if the cheque s bounced on the ground of in sufficiency of fund . Ask your relative to give a new cheque .
Munish Kumar
(Querist) 29 June 2018
Dear Sir, i have phone call recordings of all this matter.
if there is any other way to prove their liability please tell me.
Thanks in advance.
rajeev sharma
(Expert) 29 June 2018
Do not bother about proving liability. The presumption of liability is always in your favour in cases of 138 NI Act. The burden of proving that the cheque was not given in satisfaction of any liability is on the defendant .
rajeev sharma
(Expert) 29 June 2018
in Laxmi Dyechem v. State of Gujarat, (2012) 13 SCC 375 : 2013 Cri LJ 3288,Supreme Court has laid down that rmark signature differs is a valid ground for filing a case under sec 138 NI ACT
Sudhir Kumar, Advocate
(Expert) 30 June 2018
you can file complaint only for the amount written on cheque and not for the whole liability. process u/s 138 NI Act is not shortcut of civil suit.
In future you can understand as under
Sudhir Kumar, Advocate
(Expert) 30 June 2018
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.
Such loan is taken by a person:-
(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.
(ii) who cannot raise bank loan because :-
Either
he himself is not creditworthy
Or
the purpose for which he seeks loan is illegal
or
the purpose for which he seeks loan is not at all commercially viable.
(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.
So he has to find someone who can part with his money. So he finds a lender near him (friend or relative)
Such loans are given by the persons :-
(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.
Such loans are always given
(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations
Soon after giving such loan :-
(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persuasion is socially criticised.
