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Miss use of security cheque even after part payment


05-Jul-2023 (In Cheque Bounce Law)
Sir I issued an cheque of rs 65000 ( for security purpose, as the payment was to be made by the bank from my loan account) in accord to estimate given by the store in Feb 2017. Vendor supplied different and inappropriate accessory items i.e. WC, wash basin urinals etc. He issued a bill of rs 35000 (approx), witch was transferred by the bank to his account from my loan account. I requested my bank for stop payment of the cheque due to his unfair business attitude. I requested many time to come and valuate you supplied items and take the balance, he never turned up. I was surprised to receive summon of court. I even don't know the charges against me. No notice received in the past Now bailable warrant is issued against me. Please advise me
Answers (2)

Answer #1
554 votes
Hello cheque bounce case u/s 138 NI act must have been filed against you in the court, party must have also sent you a legal notice before filing case in court as it is mandatory. Now since court summons are received and bailable warrant is issued you should appear in the court and secure bail and face trial. whether cheque was for security or not is a matter of plea of defence and evidence. you should first secure bail and furnish bail bonds to move ahead in trial.
Answer #2
678 votes
No need to worry your matter fall under section 138 of Negotiable instruments act, and the same is Bailable. On fix date you have to bring one surity along with you court will accept your bail and you are free till the final order

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