Ni act
rajan chopra
(Querist) 06 May 2013
This query is : Resolved
A legal demand notice after dishonour of cheque was sent to the drawer of cheque.The drawer in his reply to notice states that he does not know payee.He never took money as friendly loan from payee. He never issued cheque.But Drawer at the time when took friendly loan had executed pronote in his own handwriting in favour of payee.The drawer issued cheque in his own handwriting to payee.Now can payee file a case u/s 420 ipc on the bases of reply notice as well as u/s 138 ni act?
ajay sethi
(Expert) 06 May 2013
yes he can file 2 separate cases under 420 IPC and section 138 NI . but since cheque bouncing cases take long to dispose of would rather advise you to file summary suit . results are faster
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 May 2013
The complainant should not forget that there is other side and advocate for the other side.
Mere existence of cheque and promissory note is not sufficient , you have to prove value given against the same.
Supreme court in a Judgement in Oct 2012 has set aside a conviction in cheque case confirmed by HIGH COURT on following reasoning.-
There was no reliable documentary evidence adduced by the complainant to hold that a sum of Rs.25 lakhs was due to him warranting execution of Exhibit P-1 cheque.
There was no amount legally due to the respondent to hold that Exhibit P-1 cheque was as a matter of fact issued by the appellant
in favour of the respondent in order to hold that he was a holder of the cheque.
