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Defence in cheque bouncing case

Page no : 2

Manu (Manager)     28 August 2012

 

Hi,

I  issued a cheque dated 20/07/12 to my credit card company. On the basis of my salary cheque dated 16/07/2012 but my salary check returned unpaid due to which the cheque issued to the credit card firm also returned un paid due to insufficient funds. I acknowledged my mistake and paid my credit card firm in cash on 29/07/2012.

But still they sent me legal notice under sec 138 NI to pay the amount.

What are my options in this case and what shall I do?

Do i still have to pay for what i have already paid?

Thanks and Regards,

Manu 

R Trivedi (advocate.dma@gmail.com)     29 August 2012

Show them the evidence that you paid by cash, obviously you must have taken some receipt etc or must have deposited with the Bank account of credit card firm ??

madhu mittal (director)     23 September 2012

Seema Sharmaji,

If any one gives a cheque  from a closed a/c,  knowing well at the time of delivery of cheque that it will be dishonoured, one had made an offence u/s 420 IPC, in addition to offence u/s 138 of N I Act, if he has taken any benefit by misrepresenting that the cheque will be honoured. In addition to this, please also be careful, that for the safer side, offence u/s 420 IPC, should be added in the very same complainant of u/s 138 N I Act. Because there are different opinion of judicial decision, that a person can not be tried in separate two trials on same facts, even if the offences are different u/s 300 Crpc of double jeopardise. please see

Supreme Court of India

Sangeetaben Mahendrabhai Patel vs State Of Gujarat & Anr on 23 April, 2012

&

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1160 of 2006

Decided On: 01.02.2011

Appellants: Kolla Veera Raghav Rao
Vs.
Respondent: Gorantla Venkateswara Rao and Anr.

please go through these two decisions and take an expert advice from expert criminal lawyer before acting upon my opinion.

kapoorsatish (n/a)     23 September 2012

What if cheque is given at the time of loan agreement, business and account is closed afterwards due to losses in business?

Money lender claims in notice/complaint that borower had come and settled loan and given cheque after 18months of closing account?

cheques of the period when blank cheque was given have been cleared, even new cheque book was issued from which cheques cleared

Can accused also file criminal complaint against lender company for false claim?


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