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Legality of cheque bounce case????????
12-Aug-2023 (In Criminal Law)
I given 2 promisory notes for 2lakhs each in aug 2014 and one blank cheque against chit amount to one person. He was running unauthorised chits in the year 2014.In the month of oct 2014 i paid 4 lakhs for total monthly dues(Total chit amount 15 lakhs monthly 75000)to his proprietory firm account from my partnership firm account.Only 2 months installments dispute between us.I have paid all dues, but he is arguing 1 more installment worth rs. 75000 is pending.I manhandled him and put complaint in police station against him.But she. said that this is civil dispute you go to court.He given cheque bounce notice against me in the month of june 2017 for 3 lakhs.He presented my cheque in may 2017, it is bounced.I given personal account cheque and promisory note but paid through firm account. Please guide me how to fight against him.I shifted to nellore, it is horrible to attend court everytime.Pls guide me.
is there is any authorized document issued by him in regard to the said chit then you can apply for discharge as the chit is not registered or else if any such document is there you can approach the high court for quash proceedings
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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Hi
You should challenge the cheque bounce case by stating that the cheque was issued as a security and that you have paid all your dues through your firm and hence there is no liability or debt as claimed by the complainant.
Also in a cheque bounce case, there should be no dispute.
When you claim that you need to pay him only 2 months installment, where as the other side is claiming 3 months installment is due from you, technically there is a dispute. Cheque bounce case is liable to be dismissed as there is a dispute in amounts.
You should challenge the cheque bounce case by stating that the cheque was issued as a security and that you have paid all your dues through your firm and hence there is no liability or debt as claimed by the complainant.
Also in a cheque bounce case, there should be no dispute.
When you claim that you need to pay him only 2 months installment, where as the other side is claiming 3 months installment is due from you, technically there is a dispute. Cheque bounce case is liable to be dismissed as there is a dispute in amounts.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Your case is little bit serious. You please approach a lawyer, who can guide you in proper way. You please give reply to the said notice first through your lawyer. Once you gave the cheque and executed promissory note, you have to face the consequences.
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Adv. Mustafa Ali
Hyderabad | 100+ Answers
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