how to save from Cheque Bounce Case if there is no money n no property
My uncle has given 3-4 checks each to 5 different person. Whenever he has given a check, he has taken cash from that person to invest in the business. Now, the current condition is that his business is no more and he does not have any property. The person who have checks are saying that they will bounce the checks so,I would like to know that if they bounce the checks and the case starts then will it be possible that Uncle can get saved from this section 138.
The Thumb Rule is that when you borrow money, it is your duty to repay the same, and law recognizes this principle. SO in your case, your uncle may have to face criminal prosecution under Section 138 NI act as well as civil action for recovery. which may happen simultaneously.
SO unless there is some lacunae in payment or nature of cheque issued, or absence of any agreement to take money, the case shall proceed. Specific advice can only be given, once i have all facts before me. For any query you may contact me.
Advocate Vivek NasaGurgaon District Court, Gurgaon
Your uncle should prepare him to face tough time ahead. If a person held guilty under section 138 of negotiable instruments act and sentenced to prison, yet the complainant have right to get his amount by filing case. If your uncle has no property nothing to worry but be ready for a real tough time.
For further clarification you can call me
Advocate Suneel MoudgilG T Road, Panipat
It depend upon the cases to case. we have to make your defence of the case accordingly.
Now days it is mandatory on the complainant to show how the exiting liability exists, otherwise the cheque given would be considered as security cheques.
But, It depends what complainant writes in the complaint against you.
Chances of success depends on that
Advocate Harish MalhotraDistrict Court, Gurgaon
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