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Cheque bounce from my side against a PVT LTD Company


22-Aug-2023 (In Cheque Bounce Law)
there is a pvt ltd company to whom i had issued a security cheque of 2,25,000/-ni paid a part of it after issuing chequenon 31st march my obligation was 185000nthey presented the cheque without prior noticenafter wards we had a conversation nand i paid more 40000/-nnow liability is 145000/-nnow they are threatening me to pay full amount immediately otherwise they will file case against me nnare they allowed to present 225000/- cheque if i am not liable to that amount?ncan I counter sue them on this basis?
Answers (5)

Answer #1
971 votes
Hi
You are no longer liable to pay the entire amount of 25 lc as you have already discharged your duty partially. Have the send you a demand notice under 138 yet? If not, seems like a pressure building tactic. I advice you enter into a debt settlement agreement and take the cheque back.
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Answer #2
799 votes
You can immediately file a complaint against the threat of false case extended to you. Without sending a notice/legal notice within 30 days of the cheque bounce, no case can be instituted. For any further legal assistance please feel free to contact

Thanks
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Answer #3
715 votes
No need to counter sue.
Reply to notice that you are liable to pay lesser than cheque amount. If they do not agree let them file cheque bounce case against you.
During trial, show to the court that you have made part payment and that your liable to pay much lesser than the amount of cheque.
No need to worry about cheque bounce case.
should you have any questions please feel free to contact me.
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Answer #4
971 votes
cheque issued on account of security does not attract prosecution under section 138 NI Act. since part payment has been made so no case is made out. further, for initiating prosecution under NI Act certain formalities like presentation of cheque, issuance of notice etc are necessary to follow and if there is any lapse then such NI case would be defective for technical reasons. Detail required to suggest remedy.
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Answer #5
642 votes
If they are threatening you then immediately type a message or do a police complaint stating all facts and most importantly stating that you have paid such and such amount and such and such amount is left. If at all they file a complaint under section 138 then you will have an evidence to prove your defence. Further you can file a counter claim if they file a recovery suit and if they file a complaint under section 138 NI Act then you can also file a complaint.
but prior to that a police complaint is important for your defence
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