Cheque bounce case against undated cheque given 3 years ago,what to do


Need Legal advise on Section138.
1. I gave an undated Cheque 3 years back to a person as a security of some businesses we were running.
2. Now he has filled date\amount by his own and went to bank branch for withdrawl.
3. Bank said Vide memo "Due to insufficient Balance".
4. Now he has filed Section 138 in court after 4 years.
5. Although all the business terms were settled up and now he is using this as his personal benefit and blackmailing us.
Note:- He does not have any proof of any debt or liability on me. And neither me has any proof of said cheque given to him as a security.

Answers (5)


272 votes

Dear client,

As your said reason, you have to contest the matter. If matter is at the stage of summons, you may file as review application as to look into the maater of your liability. In furtherence you have to contact with Adcocate.


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67 votes

Sir, you can defend the case on facts stated by you. Rest you will have to discuss after meeting an advocate. You have a good case and great chances of success. Rest it depends on how case is fighted by you.

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241 votes

Do not worry. Complaint has to prove debt or liability otherwise he will not get benefit. Have you made any document regarding the security ? You can not say 4 year back cheque, because it is dated currently and case is admitted under limitations.

224 votes

You will have to contest the case that cheque has been misused and it was given as a security cheque.
The point which is specifically to be proved is that there was no legally enforceable debt.
If it is proved, you would be acquitted in the case.

173 votes

Well you cans et up a defence before the court but more importantly you missed out on telling whether did you reply to his legal notice or not. The contents of your reply if already given would also play an important role but you can show to the court that there is no liability.

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