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How can a defaulter in Cheque bounce case delay time in proceedings
21-Jan-2023 (In Cheque Bounce Law)
I have issued a cheque amounting Rs. 7 lac to a party on the condition that this has to be a security cheque if we would provide expense docs but they denied to accept our expense docs, also we had told that please do not present the cheque before informing us and already mentioned that this cheque has stopped payment from our side. But they presented it before any information which caused cheque bounced as it was already stopped. Now they are threatening us to make the payment else they will go legal. I just wanted to take legal advice from you guys what should be done now. What if they go legal ? How much time will it take ? Can we get some time duration if we have to pay ? Can it be converted in some EMI option ? Or can we fight here so that we don't need to pay them. Please advice.
Please give some background of the transaction.
Did you document anywhere that the cheque being given is a security cheque?
138 case is maintainable if there is any legal enforceable debt.
Within 30 days, you would get a legal notice.
You would get 15 days time to make payments.
Thereafter if you don't pay, cheque bounce case under Section 138 of the Negotiable Instruments Act shall be filed against you.
For further consultation,you may contact
Did you document anywhere that the cheque being given is a security cheque?
138 case is maintainable if there is any legal enforceable debt.
Within 30 days, you would get a legal notice.
You would get 15 days time to make payments.
Thereafter if you don't pay, cheque bounce case under Section 138 of the Negotiable Instruments Act shall be filed against you.
For further consultation,you may contact
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Adv. Urfee Haider
Delhi | 200+ Answers
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You haven't made clear that when the cheque get dishonoured as there are certain mandatory requirements to be fullfilled before instituting a legal proceeding in like matters. You may take the matter to mediation and get fixed the installment. Further, if you dont want to pay you should have something solid in support and can be done after a meeting
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Adv. Lalit Kumar Sharma
Delhi | 100+ Answers
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A cheque bounce case usually lajds in favor of the complainant. But its not necessary if in your case there are still things that can help your case. In the meantime its just that you can buy time and contest the matter.
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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If it was security cheque then law is in favour of you. But he can file a complaint u/s 138 of NIAct. Have you made any agreement to prove your liability? If he will go to court he has to serve you legal notice first. Meet me after getting legal notice. There are so many defence grounds, which will be discussed in personal meeting.
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Adv. Hira Lal Jha
Delhi | 25+ Answers
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Only bouncing of Cheque doesn't attract section 138 of NI, but if the amount is for payment of dues through Cheque, then it would attract Section 138 of NI. It would not effect whether cheque is as security (security is also a liability to secure) or for payment of dues. Please come with more facts to get proper advise, as details provided to forum is very limited.
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Adv. Anil Upadhyay
Delhi | 25+ Answers
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