how to save from Cheque Bounce Case if there is no money n no property

795 votes

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 Malhotra LawRato

926 votes

Dear client,
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 Moudgil LawRato

689 votes

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 Nasa LawRato