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Blank Cheque Amount Is Greater Than Actual Debt
11-Aug-2023 (In Cheque Bounce Law)
Dear sir .. i am accha es in case. Complainant used my blank cheque for recovery of dues and filled rs.6 lakha amount and bounced .. notice send to me and now matter in court at crossing stage .. .. they added statement of books with affidavit in court .i got the copy of statement .. in it i found that ..Company not added my credit note and international files access amount . I had all the mail from the company for the schemes and discounts for which i am liable to get credit note .If they add that maountbin statements then my dues comes down for ra.4 lakhs approximately .. sonic I proved it In Court with evidence then I will be set free from punishment on sec 138...? For the remain liability company will come with civil case ?
I hope you have engaged lawyer in the instant matter and if not then do it because these are technical issues and need expert to deal with. if you are contesting this complaint same can be done in different modes.
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Adv. Pawan Prakash Pathak
Delhi | 200+ Answers
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I would advise you to engage a lawyer and present your case with full force before the Honourble Court. However even if you will be able to prove that you are entitled to credit note it will not absolve you from 138 proceedings. However as a counter you should initiate a legal action for the settlement of accounts. Further you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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The law has a presumption under Section 139 and the thus, unless contrary is proved after the bouncing of the cheque leads to prosecution under Section 138. If however, you are able to show something to the contrary and show that 6 lacs were never due from you. You will be able to get yourself free from the charge under section 138.
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Adv. Tejasv Anand
Delhi | 100+ Answers
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