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False cheque bounce case against me.he is blackmailing me in false .


16-Apr-2023 (In Cheque Bounce Law)
I have taken 3 lac rs from a person in several intervel of time through online transfer... I have given him a cheque signed by me as security... I have already paid back 2.50 lac via bank transfres.. Now he have filled the cheque with the amount of 15 lac and demanding that he has given me this much amount apart from those 3 lac. ( in cash form and in cash deposit in my bank ac). He has no proof of this as he didn't do any such transactions.. He is threatening me to bring false witness in court against me.. Neither he has send me any legal notice.. Only an simple intimation on whatsapp..othing legal... Kindly advice.... 1)- is this whatsapp msg can consider as a proper legal notice? 2)- can i opt for mediation? 3) what are my chances of winning. 4) do i have to pay 20% as according to new law? 5) what if i lost the case and i dont have this much money to pay
Answers (3)

Answer #1
648 votes
Yes whatsapp is a valid service for notice. You have good chances of winning the case, as he is able to prove the transfer pf 3 lac and not for 15. Definitely your cheque would be in question but that can be resolved through proper legal stand.
You can negotiate. But if you are at no fault then you should counter that.

Witness can not be taken up by court in the absence of the evidence.

Please feel free to reach out for further assistance

Answer #2
964 votes
Hi,

You need to file a complaint with the local police station regarding the threats and mentioning the details about the cheque too.
He need to send a proper legal notice within 30days from the date of cheque return memo.
You have good chances of winning the case as most of the transaction are through digital mode.
Contact a good lawyer before taking any step as the defense taken at this stage will be your defense in the court case .

Thanks
Ramit Sehrawat
Advocate
Answer #3
859 votes
In order to make out a case for cheque bounce against someone the complainant has to prove that the accused owed a debt to the complainant. In your case no debt is owed however you had given few security cheques and now those cheques have been dishonoured. This is your case in a nutshell that i have understood. I will now come to the queries you have made pointwise. 1. What kind of a notice have you recieved, was it a soft copy of the notice in PDF or Word format or just a message informing you about the dishonour of cheque, if you have recieved the soft copy of a proper notice in PDF or Word format then it can be considered service of a valid notice as various judgements of HC have settled that blue tick is adequate to prove service of notice and that to in the present atmosphere where the country is facing a lockdown. However if its just a message then it cannot be considered a valid legal notice under NI act as NI act lays down certain parameters regarding the mentioning of certain information in the legal notice along with the cheque number and the legal liability upon the noticee/accused to pay the amount. 2. Yes you can settle the matter out of court even without appearing before the court, infact in the summon of the court its mentioned nowadays after the SC judgement, you can also appear before the court on the day of your hearing as mentioned in the summon and ask the court to refer the matter for court appointed mediation that will he conducted by a mediator free of charge. Now the law related to mediation and compounding of offence in 138NI is settled wherein the complainant cannot refuse to mediate with the accused 3. There are a lot of chances of winning if the facts mentioned by you are totally correct, however there are ways you can end it without even reaching to that level. 4. 20% interim compensation order is only granted after framing of notice, this is at a later stage therefore court does not order it before mediation.5. This is far fetched, going by the facts you have intimated me you will not lose the case .

Another thing i want to point out is that you should immediately file a police complaint for blackmailing by this person. This will not only put pressure on him but also can be used as a record/evidence if he files a cheque bounce case against you. I would request you to keep preserving and gathering evidences in terms of call recordings, whatsapp conversations all this will be life saver for you in future.

I hope this helps you. You can always contact me for any other query. Regards

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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