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How to defend a cheque bounce case?
27-Feb-2023 (In Cheque Bounce Law)
Dear Sir/Ma'am, I have issued a cheque which i have given for security purpose without date. party has put the date and presented the cheque to bank and it as been bounced. then he has filed the case against Partner of the firm/company. is there any law to make case in our favour.? Case 138 Cheque Bounce.
As per a recent Supreme Court judgment, even if a cheque has been issued for security purposes, then also the drawer of the cheque is liable to be punished under Section 138 of the Negotiable Instruments Act, provided other requirements mentioned in the Act have been complied with. Therefore, I would need some additional information in order to guide you better:
1. Has the party issued a demand notice to you before presenting the cheque to bank for payment?
2. What was the reason assigned by the bank for dishonour of the cheque?
3. Was the amount also filled in the cheque? Were any part payments made towards discharge of the loan?
4. Was the partner of the firm active or inactive?
We'd be able to carve out a defense for you based on the information you provide.
Regards,
Rishabh
1. Has the party issued a demand notice to you before presenting the cheque to bank for payment?
2. What was the reason assigned by the bank for dishonour of the cheque?
3. Was the amount also filled in the cheque? Were any part payments made towards discharge of the loan?
4. Was the partner of the firm active or inactive?
We'd be able to carve out a defense for you based on the information you provide.
Regards,
Rishabh
Helpful?
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Adv. Rishabh Garg
Raipur | 25+ Answers
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