Profile_May282019 (Others) 24 September 2021

Is witness in case of cheque bounce required?

Money was paid via bank transaction (online NEFT), Promissory note was signed by the accused and a blank checque was issued. No witness during the signature. Cheque issued by the accused bounced for the right amount and the bank sent a letter with return cheque.

My advocate states he need a witness to make it strong. I am asking to argue based on check bounce. Will it hold?

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Advocate Bhartesh goyal (advocate) 24 September 2021

Yes , In cheque bounce cases statement of complainant is sufficient to prove offence but in special circumstances bank manager may be witnessed.

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Kevin Moses Paul 24 September 2021

As per your concern let me inform you that in a cheque bounce cases there is a presumption attached with the cheque that it was issued for discharge of liability. And there is even no need to get witnesses examined except complainant himself.

Therefore, the onus falls upon the accused to prove that he or she has repaid the money and provide reasons for not taking the cheques back.

The factors which that will consider are:-
(a) Wether after repaying the payment if cheque was not returned,
(b) did the complaint asked for it in writing by issuing notice,
(c) whether there is any sort of police complaint lodged regarding the matter, and (d) whether there was any stop payment that was requested to bank.

Henceforth, it is necessary for you too to take necessary steps in order to prove the wrongs of the accused and thus, you may function according to your lawyer.

Regards,
Kevin M. Paul

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Pradipta Nath (Advocate) 25 September 2021

In case of issues related to signed in Blank cheque, you may need witness, else the matter will be it its peak to contest under section 251 and 254 of crpc.

Dr. J C Vashista (Advocate ) 25 September 2021

It will be better to consult your lawyer who is well aware about the facts of the case. However, if you are not satisfied with his/ her (your lawyer) performance or ability or lost faith in him/her, consult another local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

P. Venu (Advocate) 25 September 2021

What is the context for evidence though additional witness? Moreover, has the accused replied to the statutory Notice? If yes, what is the substance of the reply?

Profile_May282019 (Others) 25 September 2021

Thak you or the reply. Unfortunately the lawyer is not very learned, though he took the case stating he had experience on this type of cases and trying to tun it into a civil case - not sure why

Dr. J C Vashista (Advocate ) 26 September 2021

Either you have underestimated proficiency of your lawyer or s/he is not being paid her/his professional fees. However, if you are strong enough in your judgment qua ability of your lawyer, change him / her immediately, there is no dearth of lawyers, it is your personal decision.

Pradipta Nath (Advocate) 26 September 2021

Very rightly observed by our Dr. Vashista Sir!

Profile_May282019 (Others) 26 September 2021

Mr Venu - Thank you for the reply. The accused did not respond to the notice. I have no idea what is the need for evidence here. I have a clear bank letter and a signed promissory note and NEFT transaction that shows my money went from my bank to his account.

P. Venu (Advocate) 26 September 2021

The real problem is that the jurisprudence (?) of cheque-bounce cases is built upon post truth and the advocate are uncertain of truth being self sufficient in proving the claim or defending. It is an unfortunate situation that even the cases decided by the Apex Court do not suggest a definite ratio.

Profile_May282019 (Others) 27 September 2021

Dr. Vashist - I posted this question to find out the correct fact to judge the lawyers proficieny.It has got nothing to do with the payment.

Is witness in case of cheque bounce required?

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