Cheque bounce

Law is blind saw only evidence,you are liable under sec 136 of NI act
 

DO U HAVE GOT ANY RECIEVING OF THE CASH MONEY YOU PAID ,IF IT IS THEN U HAVE  A SAFE OPTION OTHERWISE RARE CHANCE . HAD HE FILED THE CASE AGAINST U OIR NOT

don't worry raghavender, u have chance, u said the cheque date is modifyed, u have any receipt of ur payment (If no), if he issued the legal notice, u must give the reply stating that u already paid the amount in the presence of ur friends and also requested for return of that cheque, but he (Noticee) stated that he misplaced the cheque beliving his version ur not insisted the same, later he modified the date and presented the cheque for extracting amount. after filing of the case u sent the cheque for FSL the compare the hand writing with modifyed portion (one more important thing if the date of the cheque is modified the alteration portion must signed by u or whether u forged ur sign take advantage to this aspect).

Goood Luck 

Agreed, if cheque date is modified, it would show. That itself can be a valid defense.

 

 

If the process is issued by court fight it out, easy to win since power of defense is unlimited.

I am going to ask him to provide a statement from that person as "by mistake he has presented the cheque".

Could you guide how the statement should be. Is there any stamp paper required for that.

No problems dear. Law on negotiable instrument is clear. Proceedings under 138 NI Act apply on when there is a debt, for the cheque issued as or against security there is no debt/liability and offense under 138 NI Act is not maintainable. Regards VIRAJ KADAM Advocate, Supreme Court of India

Rightly advised by Viraj.

 

Unfortunately courts take cognizance based on bounced cheque/bounce slip/Notice AD etc and moreover these cases are not happening as summary trial (as mandated in law) but proceeding as summon trials. The time for defense grounds like no debt etc comes later on. Yes, on the first date at the time of charge framing, accused should highlight regarding maintainability of the complaint. These are:

1. Holder Bonafides.

2. Invalid cheque/alteration

3. Time bar in complaint.

4. Issues with respect to S.118 & S.138. (Congnizance is somewhat conditional in law)

 

No defence like it was security cheque, blank cheque, no debt etc will work at this stage. Only technical law related.  Court is obliged to hear accused on the first date before framing charges. If court gets convinced then court may ask complainant to clarify before charges are framed. Please note that complaint can be dismissed before charges are framed, but not after that. 

 

 

 

FOR CHEQUE BOUNCE CASES- PEOPLE LOOSE BECAUSE OF CARELESSNESS FROM BEGGINNING. THEY WASTE INITIAL TIME  IN TAKING DATES ONLY. YOU HAVE TO INITIATE  PROPER  ACTION FROM DAY ONE WITH EXPERT LEGAL ASSISTANCE THEN WINNING THE CASE WILL BE EASY, SIMPLE AND SURE.

So complainant need not be over confident , it will be next to impossible to win any NI 138 case if contested aggressively by accused  from day one since the case has to be proved beyond doubt at many points that is  a) there was legal liability b) cheque was actually given by the accused from his account , presented  to the bank of the complainant  and returned  for want of funds e) proper dully authorized  legal notice was given f) such legal notice was received by the accused g) thereafter proper pleadings are made and  all documents are attached at first instance while filing the case.

:-) I agree with JSDN,

 

But never underestimate your opponant and be complacent.