Filed false cheque bounce case against me what can I do

702 votes

The language of this legal provision is very clear. The offence of dishonour of cheque is made out only if the cheque had been issued for the discharge of any debt or other liability. If the cheque had been issued as a “security”, and if such cheque bounces, no offence is made out under Section 138 of the Negotiable Instruments Act.

Also there is no proof of any debt or liability on your part... You will succeed...

Advocate Pranav Dilavari LawRato

854 votes

Please don't be blackmailed by him if he files false Case you defend it in court as cheque is four years old you will sufficient proof. But before case he has to serve legal notice on you demanding payment.so reply to that legal notice.for more brief u may call me

Advocate Avdesh Chaudhary LawRato

665 votes

Dear sir madam,
there are few conditions and limitation of time which ones need to fulfill for filing a case under section 138.
1.) The complainant will send notice to arrange the funds and informing that cheque is bounced within 15days of the return receipt.
2.)The complainant have to necessarily file the complaint within 30 days of the notice.
3.) In case the magistrate has taken cognizance and the summons are served you will ask to file reply via your counsel and the burden is upon you to prove that it was a security cheque, there are ways we can sit and discuss the way trail will proceed and bail is easily granted in N.I cases, don't worry.

Advocate Peeyush Bhatia LawRato

807 votes

You case is a fit case for trial. you will not get anything by filing any case before high court or supreme court on receiving summons of the magistrate, except any technical flaw. The best possible action is to give legal notice to the other party of filing a case against him for misusing the said cheque for "forgery" under section 465, 467, 468 and 471 of IPC as well as U/s 385 for blackmailing. If in case he files a case u/s 138, then the best possible way is to contest the said case based on that legal notice. You will be having sufficient evidences, as the cheque book no. and other cheques of the same series of cheque book will aptly tell the story. But don't disclose any of such defences to the other party. You consult a good lawyer, who will certainly advice you the best at a reasonable expense.

Advocate Manish LawRato