quesFalse case of cheque bounce file. How to save self as money returned?

Am I still liable to honor the cheque if I have paid the person the amount in cash? I had given a blank cheque in lieu of Rs.20,000 borrowed from a friend and returned the money in cash. However, my friend gave the cheque to someone who wrote in for Rs.80,000 and presented it, wherein it got bounced and a cheque bounce case was filed against me.


There is no written proof of the money I borrowed / returned and now my lawyer says I will lose the case and should go for out of court settlement by paying Rs. 1 lac.


What should I do now as I am feeling cheated and helpless?


  • ans


    As per the Governing Law, the person who issues a cheque is liable under the Negotiable Instruments Act to the person to whom the cheque has been issued. So in case you have issued a cheque to another person, it will be considered that you owe the person the said amount, and the payment is being made to fulfil your obligation towards that amount due, unless you are able to prove otherwise.


    However, since there was no contract of Guarantee, you cannot be made liable to pay the amount.


    We advise that you must contest the case by bringing all the facts you narrated above. Once the above said facts will be brought on record, the burden to prove your liability against the complainant shifts to the complainant and he would fail to prove cogently how he came into possession of that particular cheque and in lieu of what service he provided to you he obtained the cheque. 


    So, take a shot and contest the case as anyways under the so said 'out of court' settlement you are being asked for an amount higher than the amount tendered (falsely written) on the cheque.


  • Send/Reply To Legal Notice For Cheque Bounce With Expert Lawyers
    Know More

    Click here to see all Cheque Bounce Legal Services
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Cheque Bounce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Cheque Bounce lawyers in India

Similar questions

Can I Lodge A Complaint Under 138NI, 142 & 200. Our some one told that…
one of my friend he gave 2 cheque and its got bounce and its been…
Sir My company is a private limited company There was some conspiracy done by my…
How to file cheque bounce case and where to file it? i had loaned some…

Cheque Bounce Lawyers in India

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

Advocate Harish Malhotra

  District Court
 Experience: 19 years

Advocate R C Mahajan

  Paschim Vihar
 Experience: 23 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly