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Is there any way to escape a cheque bounce case?
05-Feb-2023 (In Cheque Bounce Law)
Sir, my father is farmer he open dairy business with himself and one dairy product selling shop person told him to give loan to purchase more cows on basis of guarantee bank check with interest rate of 3% per month for 4 Year my father given him money but i was not possible to give him full money due to low sell of milk and death of cows and he has filed case against my father on bunched check. please suggest what to do ? '
Cheque bounching is a criminal offence in India under the provisions of section 138 of Negotiable Instrument Act. If the cheque issued was towards the due liability then the only recourse available is to do compromise and the pay the required sum of the cheque. There is no way out to escape from the liability if it is due.
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Adv. Surya Kawalkar Dangi
Bilaspur | 25+ Answers
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How do you defend yourself in a cheque bounce case?
Only the banker can provide reliable evidence if the accused disputes the signature on a check. The check bounced due to the mismatch of signatures. The bank manager will need to produce all documentation pertaining the the accused signature in order to prove that the signature is not theirs. 15-Nov-2022
How do you escape a cheque case?
An attorney with experience in this field can offer valuable advice. Verify the Validity - Make sure that the check was issued to cover a valid debt or liability. This can be an effective defense if it wasn't. Negotiation: Try to negotiate with complainant in order to settle matter outside of court.
How do I get out of check bounce case?
You can hire an attorney to respond to the legal notice from the bank.
You cannot go against what you wrote in your notice. You must therefore consult an attorney who is familiar with cases of cheque bounce and respond to the notice that you received from the receiver.
In that case shift that case to Lol Adalat and try to compromise by asking some more time to return the amount or else you can contest the case on merits and explain the reason before Magistrate and try to convince the court regarding the actual and factual situation.
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Adv. Ashutosh Shukla
Bilaspur | 25+ Answers
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In India, facing a cheque bounce case (Section 138 of the Negotiable Instruments Act) can be challenging, but there are legal avenues to defend yourself. Here are some key points to consider if you find yourself in such a situation:
- Legal Consultation: Seek legal counsel immediately upon receiving notice of a cheque bounce case. A lawyer with expertise in this area can provide valuable guidance.
- Check the Validity: Ensure that the cheque was issued for a legitimate debt or liability. If it was not, this can be a strong defense.
- Negotiation: Attempt to negotiate with the complainant to settle the matter out of court. Sometimes, an amicable resolution can be reached.
- Procedural Compliance: Make sure all legal procedures are followed during the case, such as timely filing of responses and attending court hearings.
- Evidence: Gather evidence to support your defense. This can include proof of payment, communication with the complainant, or any other relevant documentation.
- Time Limit: Be aware of the time limits associated with cheque bounce cases. In general, a complaint must be filed within 30 days of receiving a bounced cheque, and the case must be initiated within one month from the date of the notice.
- Supreme Court Judgments: Stay informed about the latest Supreme Court judgments related to cheque bounce cases. These can provide insights into legal interpretations and defenses.
- Loopholes: Work with your lawyer to identify any legal loopholes or defenses that may apply to your specific case.
- Legal Representation: If necessary, engage a legal expert to represent you in court. An experienced lawyer can navigate the legal intricacies effectively.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
The security provided was a bounced cheque- In order to avoid violating Section 138, the Negotiable Instruments Act, the accused must prove that the check was written for a deposit as opposed to paying off a debt. The accused can't be prosecuted.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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