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What are the chances of wining cheque bounce when no written proof
25-Jun-2023 (In Cheque Bounce Law)
I have given 11 lakh as a handloan to one of my friend with no legal writing, the person has given me a post dated cheques( 3 cheques, parts of payment) in advance, all the cheques got bounced, I got to know that he has good transportations in a different bank account with his name, is it possible to get his bank statement of that account, we don't have anything in legal writing between us except cheque s, what are the chances of winning this case?
Dear Client,
Why did you not obtain any legal document from your friend at the time of advancement of loan. I think it was due trust and friendship. He cheated you. Now you have only three cheques. Then present the cheques on different dates and get issued three legal demand notices clearly stating in the notices that at the time of your advancement of amounts, your close friends ( three in number mentioning their names ) were present and witnessed the transaction and in their presence these three cheques ( on the dates of cheques ) were given to you for the loan due from your friend. You must file three separate criminal cases under Section : 138 of Negotiable Instruments Act. If you succeed in the cases three punishments will be awarded to him. Now you have only three cheques, except that you have no other document. So, you must proceed with those three cheques only in a legal way. Except that you have no other option. Negotiate with him if he will give you any promissory notes now. Put the matter between well wishers and friends and mediators. If he executes any promissory notes it is always better to win the cases. Take expert legal assistance from best experienced advocates. Cases must be filed with due care and caution.
Why did you not obtain any legal document from your friend at the time of advancement of loan. I think it was due trust and friendship. He cheated you. Now you have only three cheques. Then present the cheques on different dates and get issued three legal demand notices clearly stating in the notices that at the time of your advancement of amounts, your close friends ( three in number mentioning their names ) were present and witnessed the transaction and in their presence these three cheques ( on the dates of cheques ) were given to you for the loan due from your friend. You must file three separate criminal cases under Section : 138 of Negotiable Instruments Act. If you succeed in the cases three punishments will be awarded to him. Now you have only three cheques, except that you have no other document. So, you must proceed with those three cheques only in a legal way. Except that you have no other option. Negotiate with him if he will give you any promissory notes now. Put the matter between well wishers and friends and mediators. If he executes any promissory notes it is always better to win the cases. Take expert legal assistance from best experienced advocates. Cases must be filed with due care and caution.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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How strong is cheque bounce case in India?
In India, a cheque bounce is a crime. Its covered by Section 138 in the Negotiable Instruments act of 1881. If a complaint has been filed and the court finds the defaulter guilty, they can be punished by a two-year prison sentence and/or fines that can reach twice the amount of the cheque.
What is the verdict of cheque bounce case?
After the hearing, the court will declare the final punishment. The court will impose a 2 year sentence, plus a fine that is equal to twice the amount of the cheque. These are the steps for the Bounced Cheque Legal Case.
Is it easy to get bail in cheque bounce case?
Can someone be released immediately on bail in the case of a bounced cheque? Not necessarily. It may take time to obtain bail, depending on a number of factors including court availability, paperwork, and other factors. 07-Oct-2023
Can cheque bounce lead to jail?
When a cheque is presented to a financial institution, its called bouncing or dishonoured. In India, a cheque can bounce if the amount due is not paid, for example, because there are insufficient funds on the account of the issuer, the signature is mismatched, or another reason.
Under section 118 of NI act,if any one issued the cheque,it is presumed that, the person is own to you .In this regard, not necessary to have any supporting documents like Demand Promissory note,cash receipt and other related documents like agreement or memorandum of undertaking or agreement. But is very essential that you should able to show the capacity for you to lend huge amount.You have to establish that you got these amounts legally from any one and you should show the same in your income tax returns by paying the income tax.
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Adv. Ram Susarla
Hyderabad | 25+ Answers
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The burden of proof in a case of cheque bouncing, which is quasi-criminal/quasi-civil, is not beyond reasonable doubt but rather preponderance. Once the offence is established, i.e. It should be simple to obtain an order for your benefit.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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