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How to defend a cheque bounce case
14-Feb-2023 (In Cheque Bounce Law)
I had given my signed checkbook to my cousin who was also managing to help my financial matter in different town. I also had business relations with him. My cousin was also lending the money for my business for which he was charging 30% annual interest. Couple of year back, he misused my signed check and since I didn't have enough fund, check did bounce back and my cousin along with his partner filed the check return case under section 138 and we did ended up in court. Lower court just gave it's results and they did punish me as I didn't have any proof saying that I don't have any proof to prove that I gave them signed check. Also, I did return the money which I borrowed from them in cash. However, their bank statement in last 12 month still shows that I still owe them. Lower court did made me acquitted and gave me 12 month of simple jail and need to give them their money or 3 more month of punishment in the jail. I am looking to fight this case in district court. Please advice.
Complainants will filed appeal before district court. given your defense evidence or defense answer by lawyer. otherwise you should give money order from lower court. Haier court can defined any other order by proofly.
Atul faldu,Advocate,Rajkot
Atul faldu,Advocate,Rajkot
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Adv. Atul C Faldu
Rajkot | 100+ Answers
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Dear client u have to defend yr case in court. Tell court that u had made payment of amount. If u have proof regarding payment then submit that in court. For any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
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If you are sure that the date on cheque has been altered, you need to contest the matter and file an application under section 45 of Evidence Act before the Court for sending the cheque to a forensic expert to determine the alternation and once the alteration is proved, you are entitled for acquittal. Lot of people have been acquitted on the ground of material alteration of instruments (Cheque). You can also find many decided cases in your favour.
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Adv. Satish Kumar
Hyderabad | 100+ Answers
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You can always file appeal in district court and can produce all the documentary evidence of payment done for the debt amount. You can produce the settlement cheque given to the parties in court. So go ahead and file the case in district court.
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