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How to challenge wrong judgement in cheque bounce case
20-Aug-2023 (In Cheque Bounce Law)
Today I received special court judgement under 138 NI act in which I am convicted. My case is completely my side clearly, but judgement was against me, now I will explain my case.. Complainant went to the court with 35000 rs cheque of mine, he complained that I have taken hand loan from him in the month of March 2016 for the period of six months. As complainant I could not pay the money in the said period, so he demanded for the money in the month of December 2016 And because of the repeated demands I have given him the cheque in the month of December second week 2016. But i have blocked the cheque in the month of November 2016 because of the reason I lost the cheque from my office, in did not filed a FIR . At that time really I don't know About police complaint if I lost cheque , I submitted the evidence of my letter which I given for stop payment and bank manager signed Stoppayment letter . We have given strong arguments too. But judgement is convicted me. What should I do?
You have to file a case in high court stating that you have not taken the amount any you are falsely implecated in the case and the orders passed against you is of false in nature and you are not liable
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Adv. Akshay Gupta
Hyderabad | 200+ Answers
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Hi
You should file an appeal against the order of the MM court at Sessions court u/s374 Cr.p.c and also ask the court to appreciate the evidence of the fact that in the month of November you had issued stop payment .
The court might ask you to pay up to 20% of the fine amount and contest the case, and you should contest the case on merits.
In addition to stop pay, you need to dispute the existence of debt per se (you need to challenge the hand loan itself)
You should file an appeal against the order of the MM court at Sessions court u/s374 Cr.p.c and also ask the court to appreciate the evidence of the fact that in the month of November you had issued stop payment .
The court might ask you to pay up to 20% of the fine amount and contest the case, and you should contest the case on merits.
In addition to stop pay, you need to dispute the existence of debt per se (you need to challenge the hand loan itself)
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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