Bounced cheque for greater amount

950 votes

Dear Sir, At your risk you have given signed blank undated cheque to the other side and now he has filed cheque bounce case. It is very difficult to justify your defence. Heavy burden is on you to disprove his claim. However, he may come for compromise if you prolong the matter for years together.

Advocate Kishan Dutt Kalaskar LawRato

516 votes

First of all the best way to fight a criminal case for cheque dishonor is to establish best defence which your lawyer should do it. if the amount you borrowed is through bank transfer you can establish case there are many judgment for favour and against complainant

Advocate Swarnarka Chowdhury LawRato

913 votes

If a cheque was issued for a specific principal amount, but the complainant has filed a case under Section 138 of the Negotiable Instruments Act, 1881 and is claiming a sum that is five times higher—ostensibly due to alleged non-payment of interest or other unjustified additions—it may be considered excessive, untenable, and legally unsustainable. In such cases, courts have often held that Section 138 NI Act is a penal provision meant to uphold the credibility of commercial transactions and ensure that cheques are honored. However, the liability must be legally enforceable and directly attributable to the cheque amount. Courts have consistently ruled that inflated or arbitrary demands beyond the cheque amount, without a valid legal basis or contractual agreement, cannot form the foundation for a conviction or recovery. If the accused can demonstrate that the cheque was issued solely for a specific amount, and there exists no agreement or legal instrument validating the exaggerated claim (such as an enforceable interest clause), then courts may take a favorable view for the accused. In fact, higher courts have quashed or modified such cases where the demand was deemed disproportionate or abusive of the legal process. A favorable judgment can be secured by arguing that: The legally enforceable debt is limited to the actual cheque amount. There is no contractual basis or promissory note substantiating additional interest. The complainant is indulging in unjust enrichment or malicious prosecution. For expert legal strategy and representation to secure relief or dismissal in such cases, contact Advocate M.S. Jaswanth at Phone: Seven Two Five Nine Five Zero Nine Six Five Seven.

Advocate Jaswanth Reddy LawRato