How to approach in check bounce case

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.

Even if the presumptions are there in NI ACT the accused has legal right to rebut them which is more simple , sure and easy., and complainant  make mistakes on one or more  points/ steps., in over confidence.

mr.jsdn is correct

in this case you must first show paper and the reason and proof of loan of 30000 from you .if u dont have that then the case might bounce back against you .you might be caught in a series of litigation.thats why always be carefull whilst lending ,make an agremment and register it first.now u can only expect to fight the case but u still have a merit and upperhand in this case and will get ur 30 k plus damages as mr jsdn has advised.be carefull though of not linking any physical contact with the accused raju or going to his place .avoid interaction at all times.

Dear Querist,

File the case only if you have sufficient evidence to prove that the cheque was issued to you by the drawer for the discharge of a legal liability, else it would be useless going to court. The essence of a cheque bounce prosecution lies in the legal liability of the accused towards the complainant. It is presumed under NI Act that every cheque was issued for discharging this legal liability, but this presumption can be rebutted by the accused by leading documentary evidence. If you have evidence to prove the legal liability of the drawer, then set the process under NI Act in motion by issuing a demand notice to him within 30 days of the intimation by the bank. The drawer would get 15 days to pay the amount covered by the cheque. If he fails to pay within this period, you shall have the right to file a complaint against him within 30 days.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

do one thing very clearly and right now ,goto the cop station ,tell them ur problem ,cops often understand if u approach them first in a friendly manner.pay them 5k to make them witness that they have sufficient evidemnce to prrove u owe 30k so he better pay it or district magistrate will arrest him without even producing him in court .believe me he will fall on your kneees and pay but remember only pay the cop his 5k after ur job is done n pay 2k advance and take help of a beat officer or a inspector.he is being unlawfull go ahead teach him a lesson.my advise try it and if you want contact me on abhinav3060@email.com and i will get it done for you if u tell me where he lives and where u live or only the jurisdiction of this matter .i have my guy take care of this ,this kid will pay you for sure.

Mr.Abhinav,

This forum is meant for giving leagl advises, not to give illegal advises  and try to deviate the route.

Law is common for every one.(It is prooved in the recent cases with big shots like politicians,IT tycoons etc,being send behind the bars).Inspite of having billion dollars they could not escape from the law.then 2000 or 3000 Rs is nothing and meaningless.

How ever intelligent the criminal is,he will left a clue (Quote in criminology,proved also in many court cases)

Satyameva jayathe

Ramesh

This person is openly abusing the facilities of this site , adm pl check it.

Openly offering that this person has goons with him is itself crime , pl tell where is you place.so that you can face what law and legal procedure is.

Thanks for the support Mr.JSDN,

Mr.Abhinav please stop giving illegal advises to the queries.

The forum is meant for helping the people who are struggling  for the justice.

Satyameva jayathe

Ramesh

Mr.Raju,

Did you personally discussed  the cheque bounce matter  with your friend ? If not, it is advisable to discuss with him once and try to settle.If nothing works out,then consult a good advocate in your locality and proceed further within the time frame mentioned in Negotiable Instruments  act.Keep all the good and legal evidences/records with you.Dont try to frame  ingenuine records/evidences, you may held up in trouble in the later stage.

Satyameva jayathe

Ramesh

Ideally speaking the NI Act shold not be applicable for friendly loan cases without documentary evidence.

But courts take cognizance under S.138 based on dishonored cheque and bank slip.

Proceed with the case giving facts, many a times the hassles of criminal case for this kind of amount may make the drawer realise to settle.