Rakesh 15 August 2015

False check bounce case

I am an Entrepreneur and was doing a business with the company for 3 months - The company website and setup expenses was up to 2.23 L and within 3 months the website value was 12L.I have agreed to work on the percentage of 20% as there was no investment from me - During this process of work, the company MD fights with his fellow partner and decides to wind up the business and asked me to pay the sum that he has spent on the website else he will sell that for some other vendor. As i worked on the site my heart and soul for 3 months..i decided to buy it on 2 check payments. The date was mentioned and the amount too - Later after one week, the MD tells that the differences among them are solved and i can work back with him on earlier agreements and was also happy to invest even more. I started working again on the website - but down the lane 4 weeks he again started creating problems and made my work tough by taking all the controls on the website from his technical team (Like UserID, Password and site setting controls) - I felt cheated and walked off with heated argument. When I asked to return my check he said he will keep all his employees docs in bank locker and even my check is in the locker – And asked me to collect after 3 days. In the mean time I started a job and failed to collect my check back from him. Now he has produced those checks and has filed a case against me – I have got all proofs with me on the emails.

Reply Follow

2 Replies

DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com) 16 August 2015

Cheque bounce is document based criminal law so normal defence of civil cases do not work.

Loan sharks , even NBFC and banks misuse the provisions of cheque law. Take proper defence steps from day one.

1) Notice :- after cheque bounce notice has to be sent but it has many mistakes so as far as possible unless you have expert legal assistance avoid replying the same., so that at later stage you can take contrary defence.

2) Many accused make the mistake of taking the stand that cheque was stolen , misused or misplaced. It does not work

. 3) If you avoid both steps than the burden will be on the complainant to prove that you issued the cheque against any liability.

4) You have also opportunity to prove that there was no legal liability.

5) If the complainant calls postman and bank people you should welcome it since by EXPERT CROSS EXAMINATION it can be proved that they do not have proper records and information .

6) Most important is cross examination of the complainant or any authorised person on his behalf.

7) As a rule the in cross examination for the cases of NBFC S AND BANKS the person who has give examination in chief can be easily confused since he / she does not have personal knowledge.

8) Even in personal cases complainant can be contradicted and confused since there are many statements such as :

i) Money was advanced due to personal relations.NO DETAILS.

ii) Cash hand loan was given- source of funds, acs and IT.

iii) No receipt was taken., no interest charged WHY

. iv) No witness before whom cash was given. WHY.

v) No witness before whom the alleged cheque was signed or delivered. WHY SUCH RISK WAS TAKEN.

vi) Other than legal notice there will be no record of demanding the loaned money. WHY NO DEMANDS EARLIER

. vii) There will be no documentary or circumstantial proof to show that the complainant had knowledge of signatures of the accused on cheque. NO PREVIOUS HISTORY. And so many similar facts and circumstances which will be fatal for the complaint.

9) And there will be many technical issues such as limitation, authority, jurisdiction etc etc.etc...which will vary for each case and ask us for proper systematic guidance.