No records found at bank for cheque deposit how to file case

953 votes

Please explain your query a bit more in detail so as to get an idea of what exactly do you want to know. You can have it as a possible defense but then you will have to exploit the loophole in the case and then bring it to the courts notice.

Advocate Shobhit Bhatia LawRato

909 votes

Kindly provide the full facts of the case .


.


.
....













.
.




So that it is easy for us to provide you the correct solution for your query

Advocate Sanjeev LawRato

599 votes

First send them a notice about the problem which you have gone through if they respond it and are ready to rectify the mistake then no problem but if they do not pay heed to your need then you can file a case under relevant section..

Advocate Suneel Kumar LawRato

934 votes

Preliminary opinion: The facts are not clear but i get your intentions. If the proof of cheque bounce is not factual and documented then you may appraoch the court by stating that the whole case which lies on the fulcrum of bouncing is not substantiated but you need to consult as to make the facts and circumstances clear.
For giving a precise opinion i need following:
1. What bank was approached by the bearer and what bank was the cheque from, as both maintains a record of the bouncing of cheque.
2. Purpose of issuing the cheque!
3. What time was the cheque made to the bank and have you got a legal notice and time to rapay.
4. Complaint and the petition in court with the pre summoning evidence of the complainant.

Advocate Ramaditya Tiwari LawRato

813 votes

If you are able to proof that cheque had not been presented in the bank, than complaint case can be dismiss as dishonouring of the cheque is the basic requirement for filing the case under negotiable instrument act.

Advocate Adarsh Kumar LawRato