Anu (Law Officer) 21 June 2013
Hi Everyone,
I m from accused side in one case. Complainant send us a legal notice for the demand of Rs. 1 lac ( Cheque bounce amount) out of toal outstanding of Rs. 205120/-.
But when he filed suit against accused , in his complaint he claimed total outstanding toward accused Rs. 253630/- . It means there is different outstandings in complaint and legal notice but cheque amount is Rs. 1 lac in both.
What can be benefited to me of this situation.
MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 21 June 2013
The cheque law is for conviction of accused for issue of dud cheques so if the outstandings are properly explained in the pleadings than it is no problem.
However the copy of the notice and copy of the complaint has to be seen for exact advice.
R Trivedi (advocate.dma@gmail.com) 22 June 2013
The cheque bounce case is specifically with respect to cheque amount, apart from the legal expenses and some fare interest charges (with break up) can be demanded in the notice, but the full liability amount cannot be demanded in the legal notice.
In this case legal notice seems to be Ok, as only Rs. 1.0 Lac is demanded, complaint stating full liability amount will not vitiate the case for him, for the simple reason that complainant can only pray for the prosecution of accused under S.138 and suitabel punishment under the law, any additional pray like demanding even the cheque amount or higher amount will be ignored by the court. As a practice not only court punishes the accused with jail term but also ensures proper compensation to the complainant.
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