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Cheque bounce case in the court what are the chances of acquittal


09-Dec-2023 (In Cheque Bounce Law)

a loan was taken by a pvt.ltd. company in jan 2009. 2 pdc dated jan 2011 was issued. one by the company and the other as a security chq by one of the director. the company went into liquidation in may,2009. the chq issued by the company was not entertained by the judge at saket court.the signatories were acquitted.however the case continues with the security chq. issued by the director. there are numerous judgments acquitting the signatories for such security chq...what will be the fate 

Answers (2)

Answer #1
539 votes
While the Supreme Court and the Delhi High court have laid down that provisions of Section 138 of Negotiable Instruments Act do not apply to security cheques, we can still pursue the same if it is possible to show that the second cheque was not a security cheque but a cheque to discharge a certain liability. If you can share the agreement/contract under which you advanced the loan, it would be greatly helpful.

Please also share why the directors were acquitted. What were the grounds on which the trial court acquitted them.

Apart from that, can you update me on the liquidation stage of the company. If the Company is still under the control and management of the provisional or official liquidator, we can approach the Court and seek repayment of the monies advanced by you.

Please provide the above information so that we can decide a proper strategy for you.

Regards
Answer #2
579 votes
Was the appeal prefered against ordee passed with respect to cheque issued by company? A detailed legal opinion regarding security cheque can be given only after perusal of record. If cheque issued is security cheque it shall not lead conviction. There are many judgment on this point.

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