RVT 23 January 2025

Query regarding cheque bounce case

One of the acquintance to me took an amount in multiple tranches and the total amount that he took was around 85 lacs. He gave me two undated cheques initially for 20 lacs when I transferred him the first tranch of 20 lacs and later I couldn't get any cheque from him as I trusted him. He repaid me 35 lacs out of 85 lacs. Later, when I have asked him verbally about the rest of the amount of 50 lacs to be returned, he said he will return in few weeks and I can write a date and encash the cheques that were with me, in two weeks, if he didn't send me the amount. After this discussion, in one week he suddenly ran away from him home and was hiding somewhere for almost three months. I panicked and I wrote the date on the cheques on the day of his disappearance but then realised I cannot send him notice in case the cheque gets bounced. So, I waited for his arrival and luckily before the end of third month he came back and surrendered to police as there are many people else, whom he also duped and they filed case against him. Once, i understood that he surrendered and was released on bail, I tried to encash the cheques after 2.5 months of the date mentioned on cheque and it got bounced. I sent a notice to his home and he dint respond and so filed a case on his as per Section 138 of N.I act. Now, the case is in the court. I am under cross examination now. The way the cross examination is leading, it feels like that the opposite lawyer is trying to say that the accused already paid me 35 lacs and these cheques are no more valid and I have filed a false case. I am in a dilemma. Can I still claim those cheques saying that he still has to pay me 50 lacs? Is it still valid? What other points I can put up in front of the court? What questions to be posed to the accused? The accused was having 3 different cases simultaneously regarding cheque bounce in 3 different places filed by other affected parties. Also there was criminal cases of fraud on him in a PS. Does that help? I am fighting this case since 3 years. i am tired now. please help

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 23 January 2025

The questions you have posted here are of practical in nature.

The opposite lawyer has already shot some questions to you during cross examination and itr is not known that what you have replied then?, now by this question you want to satisfy yourself with the answers given by you as to whether they are proper or not(?).

If the accused has already paid 35 lakhs trhen what was the amount of the cheque now in this case?

Did you file a cheque bounce case for entire 85 lakhs?, if so then your case is not mainainable and is likely to be dismissed.

Without proper details you cannot expect proper opinion to your questions from experts here because we are not astologers to predict what has happened or the backgound, without you informing them here.

Besides you have filed the cheque bounce case for the offence he had committed against you and the other casses filed by others against him are irrelevant to you hence do not attract adverse impact to your case by involving other cases to your own case.

Whatever, your advocate is the right person to guide you properly on all such further aspects.

RVT 23 January 2025

Thanks for the response sir.

My cross examination has just started. The opposite lawyer started asking me about the transfer of amount that I have done to accused on date basis for which I said yes. Then the cross examination is again postponed to next hearing and I am awaiting the same.

Firstly, he has taken 85 lacs from me and there are evidences for the same in form of bank transactions. The mutual agreement over phone and whatsapp conversations is that the accused will pay me the amount in regular intervals with some interest. Unfortunately there was no written agreement and all that I have was the cheques for 20 lacs given by accused which he has given me as a security, just in case he fails to repay me in at any interval. He started repayment and he repaid 35 lacs before he ran away and I didn't encash my cheque till that date as he was regularly paying. After he ran away and returned back, i tried to encash those cheques and they were bounced. The total debt towards me by the accused was 85 lacs and he repaid only 35 lacs. So I still have a deficit of 50 lacs that I have to recover from him. Atleast this 20 lacs if he pays due to the cheque bounce case, i might have some respite. Now, please suggest me the course of action. Thanks

T. Kalaiselvan, Advocate (Advocate) 23 January 2025

Have you narrated the story in your complaint, i.e., that he owes Rs. 85 lakhs, out of which he paid Rs. 35 lakhs and this cheque for Rs. 20 lakhs was given for secuity purpose and since he did not pay the balance amount you have filed this case to recover at least this cheque amount and you will file a money recovery suit to recover the balance amount of Rs. 30 lakhs.

If you have mentioned this background story in the cheque bounce complaint case then your case will be strong, if you have filed this cheque bounce case without mentioning the said the details then it will be very tough for you to succeed in this case.

You may discuss the future strategy with your advocate and take it further