dear sir .. my blank cheque for rs. 100000 filled by company dated 1.1.2017 ... when they produced bank statement in court it's found that they shows cheque on 8.1.2017 and. cheque returned date is 10.1.2017 ...
bit on 8.1.2017 when the cheque added on their books my dues clear and. company shows credit balance of rs.10000 towards me
can case sustainable
1. Cheque bounce is legally sustainable ONLY "IF" there is a pending legally enforceable liability. This means that both the parties have to prove that there is a liability to be paid or a liability to be received.
2. IF you documentarily prove that there is no legally enforceable liability as on date of cheque (say by complainant party's ledger account statement, or other records) THEN the case can be dismissed for legal default.
3. Prepare your ledge account statement with the party from all earlier possible dates and get it certified by your registered Chartered Accountant. Using this prepare your defence points /arguments during cross examination of complainant party, who will be forced to accept the account statement or he will produce his account statement, wherein you can check and finalise.
Keep Smiling .... Hemant Agarwal
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