Legal query regarding Cheque bounce


Sir, I had given money to my friend 6 lakhs but collected only cheque blank with signature and no date. I don't have promissory note..he is not giving money .i want to deposit and bounce the cheque. Can I win I don't have promissory note. Kindly suggest how to proceed.


Answers (5)

Defiantly you can win in cheque bounce case. you should be established your financial status and transaction. you did not describe mode of transaction ( online transaction / cash / cheque/ D.D). some times case depend on the mode of transaction.


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Dear,

Please note that no offence under Section 138 of N.I.Act will be made out if the cheque that has been dishonored was issued only as a security and not for discharge of any debt or liability. However, it shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in Section 138 for the discharge, in whole or in part, of any debt or other liability. This means that to make your friend liable for bouncing the cheque, you must be in a position to prove in the court that your friend has issued the cheque as a security for repaying back your money. If you have any evidence suggesting your friend's liability, present the cheque to your banker and once the cheque is dishonored and after collecting the cheque return memo from the bank, send a legal notice to your friend within 30 days of bouncing of the cheque. If he does not repay the money, file a cheque bounce case within 30 days after the date of receiving of the notice by him.

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It is possible to file a case of cheque bounce without promissory note but you have to contact criminal lawyer who can help you for this and who is involved with more of such matters, they would suggest you if you meet personally.

Dear Sir
you can file a case against your friend under section Negotiable Instrument Act 138 & 142 Sections.
you have to deposit cheque in your bank account. If funds available in your friends account there is no problem. if not you can file case and you can win also without having promissory note.

Issued blank is in your name? When he issued you blank cheque is also important. Promissory Note is not necessary. If cheque bounces you have to prove how you got that cheque amount in favour of you for issuing a legal notice. In your case several questions may arise

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