REPAYMENT BY POST DATED CHEQUE
rajan chopra
(Querist) 12 January 2015
This query is : Resolved
Sir my friend borrowed money from me and issued post dated cheque for repayment..On due date it was bounced after being presented for encashment.When I approached my friend he dishonestly warned me not to demand money back as he had lodged FIR of lost cheque publication in news paper and instructed his banker to stop payment after issuing it to me.Now is there any way to get my money back?
T. Kalaiselvan, Advocate
(Expert) 13 January 2015
You may issue a legal demand notice to him immediately on the basis of bounced cheque for having lent the money by some proper evidence.
Sailesh Kumar Shah
(Expert) 13 January 2015
have you any evidence of loan ?
have you paid through cheque ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2015
You can file cheque bounce case.
Supreme court has repeatedly rejected such theories of lost stolen or even misused cheque .
Get the assistance of experienced local advocate.
three-Judge Bench of Supreme Court has held that failure of the drawer of the cheque to put up a probable defence for rebutting the presumption that arises under Section 139 would justify conviction even when the appellant drawer may have alleged that the cheque in question had been lost and was being misused by the complainant.
New Delhi;
November 27, 2012
Though I am advocate for defense still I have put this reply in favor of complainant just to warn the accused and their advocates that they have to take proper defense from day one. By taking such defense which have been repeatedly discarded by the courts you walk in the trap of conviction.
Cheque law is document based criminal procdure and it is summons case . , which means that unless there is credible defense than only accused be allowed to even cross other wise conviction on the basis of documents.
Just read what an important HIGH COURT has recently stated in this matter-
In a summary trial, a complainant or his witness cannot be recalled in the court for cross examination only for the sake of pleasure.
Once the complainant has brought forward his case by giving his affidavit about the issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross examined only if the accused makes an application to the court as to on what point he wants to cross examine the witness (es) and then only the court shall recall the witness by recording reasons thereto.
A copy of this judgment be sent to all District Judges for circulation among Officers of DJS and DHJS.
Rajendra K Goyal
(Expert) 13 January 2015
Send legal notice and file case u/s 138 NI Act.
ajay sethi
(Expert) 13 January 2015
file summary suit for recovery of cheque amount . also file complaint under section 138 NI
malipeddi jaggarao
(Expert) 13 January 2015
He has given you post dated cheque. You have preented on due date. In the meanwhile, he filed FIR, news paper publication and gave stop payment instructions to the bank. This story is told by the borrower.
The cheque was bounced. The Bank would have returned the bounced cheque giving specific reasons. What are the reasons mentioned by the Bank. "Insufficient funds" or "Payment stopped by drawer"?. If the bank returned with the reason "insufficient funds", you need not believe on the stories of the your friend and go ahead to file a criminal case under Sec.138 of NI Act. You should give notice (preferably through advocate) within 30 days from the date of receiving the returned cheque from the bank with reasons. So analyse and act upon quickly.
rajan chopra
(Querist) 13 January 2015
The bank returned cheque for reason "payment stopped by drawer"
T. Kalaiselvan, Advocate
(Expert) 17 January 2015
If the bank return memo states 'payment stopped by drawer', in the event of legally liable debt payable by him to you, it would be better you issue him a legal demand notice for the repayment and the notice should contain averments sufficing both civil as well as criminal law provisions to enable you t proceed against him accordingly.
