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Loan payment issue, part payment done but still cheque bounce case


15-May-2024 (In Cheque Bounce Law)
I had taken one lakh rupees loan from my friend in September 2018 and I gave one lakh cheque as security. By March 2019 I had paid almost 50% however my friend deposited the security cheque and put a cheque bounce case. From court I got a summon for section 138 NI act, does this apply. Loan money taken was for business and I faced huge losses but still I paid till date almost 70% of the amount. How do I handle this.
Answers (5)

Answer #1
918 votes
Since you have only received the summon, take this opportunity to file articulated written statement. Give your Plea of Defence in court and later on submit a good reply along with all the evidences. The court will only issue warrant against you if the liability is proven. The final decision can only be taken by the judge after the case in on argument stage.
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Answer #2
643 votes
Greetings for the day,
In this situation you have to contest the complaint of 138 NI Act filed by your friend. Also, you will have to take a bail from the concerned magistrate first on the date of appearance.
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Answer #3
947 votes
Please be informed that as you have already recd the summons you will have to contest the case.

For further discussion, We would need to go through your documents and advise you better.

Rgds
Adv. Shalu Bhatia
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Answer #4
893 votes
Hello sir in response to the fact, stated by your question, as you’re saying that check balance case has been filed against you requested to please follow the case to sign against to seek bill and whatever proof you have for the payment made by you in respect to the one lakh rupees please feel free to reach out to us for a more discussion on this issue. Please feel free to contact thank you.
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Answer #5
653 votes
You have to appear before the Ld. court and seek bail , then only you can move an application, also we can move with quashing of FIR before the Hon'ble HC so that you don't have to face the trial and if possible kindly share the summons
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