What to do if friend is threatening to file cheque bounce case

I gave cheque to my friend and instead of giving my cheque I wrongly given my sister cheque with my sign because myself and my sister have ac count in HDFC BANK and we have same instant Kitt it contains cheque book without Name of account Holder and My friend deposited that cheque into his account by last year May now he told me I will file suit against me for cheque bounce and Now i want to know it is possible to file suite against me and my sister and what is way to solve the problem I need reply very quick

Answers (3)

118 votes

The person has to issue a notice to you with in one month of bounce. No he can't. But if you give a cheque again and present it then cheque bounce case arise. It is criminal and not civil. The information is sufficient.

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235 votes

If he has deposited the cheque in May 2018, then he must have sent you a notice stating that the cheque has been dishonoured. Did he issue any such notice and have you received it? If he has not sent any notice then he cannot file any case against you now. So dont worry about it. Also he cannot file any case against your sister because he will not know that the cheque belongs to her. For any further assistance you may contact me.

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108 votes

He can not only file a cheque case, he can also file an FIR for cheating. If I was his advocate, I would ask my client to initiate three different cases. 1) Money Suit. 2) 138 NI Act 3) FIR under 420 and 464. Since you have posted this query, you will have to wait for him to do either of the three and defend your sister's case claiming that there is no actual debt for issuing the cheque. Consult with an advocate immediately after receiving the legal notice from your supposed friend.

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