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cheque given as security to a bookie


14-May-2023 (In Cheque Bounce Law)
in 2017 I gave a security cheque for 2 lakhs against betting .I stopped playing and I had filed a FIR for lost cheque because he was making excuses for giving my cheque back.my friend lost 1.68 and they chased him for 2 years and now they have put a case against me for cheque bounce.i have all the whats app conversation.FIR copy ,so what are the chances of winning this case?
Answers (3)

Answer #1
699 votes
Have you recieved a summon from court? Or have you recieved a legal notice? Kindly guide me with the above two queries. I will now explain it to you the stages of cheque bounce case . When a cheque is dishonoured the complainant has to send you legal notice within 30 days of dishonour of cheque and in legal notice he has to provide you 15 days time to settle the issue, complainant then within 30 days of the expiry of those 15 days have to file a complaint before court. After a complaint is filed the accused is summoned and he takes bail. Next he is made to plead guilty or not guilty after this court frames notice against the accused. The basis of cheque bounce case is that there should be a legally payable DEBT and complainant would be required to prove before court that there was a legally payable debt amounting to Rs 2 lac, he would be required to show his business and on what reason transaction took place . Yes you would be able to get acquitted in the case as this is a case of misuse of security cheque and the complainant is a bookie, i am sure whatsapp screenshots and phone recordings to prove your case, moreover you have made a police compliant also regarding the apprehension of the misuse of your cheque given to him.
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Answer #2
598 votes
hello client as you are saying tht you have been allegated for cheque bounce for the cheque whichbyou have issued to the bookie against the betting whichnis illegal in this matter you need to file a criminal case in which you have to mention the over all case which you have experienced during this over all sinario. as you are saying tht you have proof for all the things in tht case you can also get the case rejected from the high court as well .
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Answer #3
540 votes
Hi,

Though in 138 the presumption is in favor of the complainant but it is a rebuttable presumption , but the burden of proff can be shifted from accused to complaint via good rebuttal .

Your case a good case in your favor , you need to place proper documents and you could easily win this case .

Thanks
Ramit Sehrawat
Advocate
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