Cheque bounce
AJ KR
(Querist) 04 July 2009
This query is : Resolved
On 2007 July One computer seller offer me credit facility if I provide him a blank cheque. I gave him one cheque no 650583.After one year I closed all transaction with him after clearing all payments. But he did not given back the cheque. Now he is claiming I should pay Rs .50000/- on cheque no. 650583.on July 2009.During this period I used more than 75 nos cheque leaves from three series books.
The cheque he claimed is signed by me before two years. The amount is filled by him in his own hand writing.How can I Get out of this.
A V Vishal
(Expert) 04 July 2009
The dealer has to prove beyond reasonable doubt that the cheque was in lieu of a debt. If you have evidence to prove that the transactions were closed within one year then the dealer stands to loose. It is sufficient further if you prove that the cheque issued by you is old dated since life of a cheque issued is 6 months.
AJ KR
(Querist) 05 July 2009
If he want to file a petition against me in which court he should aproach?My bank and I residing in same Jurisdiction.He is from another Jurisdiction.
PARTHA P BORBORA
(Expert) 05 July 2009
in a case U/S 138 NI ACt burden lies on the acused not on the complainent. so being an accused u must prove beyond any reasonable doubt that the cheque was not given by u in lieu of a debt. so, it is not so easy as told my ld. friend AV VIshal.
if the cheque is still not diposited with the bank and not bounced till date, u may file two separate applications before the nearest police station as well as ur banker informing them " THE SAID CHEQUE WAS LOST BY U SOMEWHERE" and collect a GD entru report from police and keep the record. But if u informed the police or ur banker before u received a notice or summons it will not save u. so hurrry
AJ KR
(Querist) 05 July 2009
If he want to file a petition against me in which court he should aproach?My bank and I residing in same Jurisdiction.He is from another Jurisdiction.
Jayashree Hariharan
(Expert) 05 July 2009
Do you have the bill for the computer? And also receipts for having paid the entire amount?
Stop payment from your bank first. Then give a police complaint, as said by the learned friend.
Has he filed a case already?
Uma parameswaran
(Expert) 06 July 2009
He can file a petition in the jurisdiction where the business is taking place.
PARTHA P BORBORA
(Expert) 06 July 2009
or in the place where the cheque is bounced
