False cheque bounce case filed
29-Jan-2023 (In Cheque Bounce Law)
We used to do the redistribution of mobile phones.They used to give us credit also.I had given the authorised person a signed blank cheque without date n amount.Now bcos of some reasons we r not working together,on 24 Jan. 2015 I had fir in ps that I've lost my cheque book along with some signed blank cheque and intimated bank also.On 6 Feb.they deposited the cheque which was which was returned by bank.After that they send me some letters and now they had filed a case of cheque bounce.What should I do?
You need to contest the case if the fact remains the same what you have stated or you may also file a case in higher forum for quashing of the case.
If you succeed in higher forum the proceedings of the cheque bounce case will be stopped.
If you succeed in higher forum the proceedings of the cheque bounce case will be stopped.
For a case to be filed under Sec 138 of NI Act, the complainant needs to issue legal notice to the drawer of the cheque within 30 days from the date of dishonour and if no response is given by the drawer then the cause of action arises.
1.The year you have mentioned in your query is 2015 and now it is 2018. Therefore they have exceeded the statutory limitation period to file complaint u/s 138.
2. 138 cases are only applicable for legally enforceable debt and if you have no financial dues pending to the complainant, then it would be difficult for them to prove their claim.
Hire a local advocate and contest the case. As the statutory limitation period is over, your advocate can easily get a favourable order for you.
1.The year you have mentioned in your query is 2015 and now it is 2018. Therefore they have exceeded the statutory limitation period to file complaint u/s 138.
2. 138 cases are only applicable for legally enforceable debt and if you have no financial dues pending to the complainant, then it would be difficult for them to prove their claim.
Hire a local advocate and contest the case. As the statutory limitation period is over, your advocate can easily get a favourable order for you.
First of all you can serve a legal notice upon the said person.please clarify whether they have given you a demand notice and also what is stated in the return memo ie reason behind dishonour of cheque.for more info you can contact me..
If they had filed the case, then you have no other option but to appear and contest the case. All your defense shall be made during trial .You have to appear and take bail first. then you have to cross exam their witness.
Immediately file an FIR against the company/individual who has initiated a cheque bounce case against you. You have valid evidences that your cheque book was lost with yoir signatures on few. This will also help you in the case inotiated against you.
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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