How to defend cheque bounce case where payment already made in cash?


I have been falsely framed in a cheque bounce case for a payment that was made by me in cash long time ago. I had borrowed Rs. 15 Lacs from a friend in 2007 and has given him a blank cheque in lieu. I returned the money to him by cash in 2007 itself and took written acknowledgement for the same. He did not return the cheque saying he has misplaced it.

 

3 months ago I got a lawyer's legal notice for the cheque that my friend presented and it got bounced. Now I have a court summon for the same.

 

What should be my defense and how do I proceed?

 

Answer

 

You need to appear before the Court and seek time to file your evidence by way of affidavit whereby you need to ensure that you prove that the said debt has been repaid and the cheque in question is a security cheque which was to be returned.

 

As you stated that you have the acknowledgment receipt with you with respect to the debt repayment, therefore it can be easily proved that the debt has been repaid.

 

We suggest that you should engage an advocate to represent you and draft the evidence.

 

Kindly contact us for any further details and action.

 


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