650+ Lawyers are online 
written agrrement required for filing section 138 only cheque bounce
15-Mar-2025 (In Cheque Bounce Law)
I have received the cheque bounce report from the bank. But I do not have the written agreement of loan given to the accused. Only I have witness when verbal agreement was done. Is it compulsory to have written agreement with the accused for filing section 138. pls advise the easy way of filing the case. Can my witness submit sworn affidavit statement. Further I already have filed the bounce case and received verdict outside india against the accused. But he fled to India and is hiding.
There is no need for written agreement for filing complaint under section 138 of Negotiable Instrument Act. Aap case file kar sakte hai , aapko prove karna hoga k aapki us person k upar legal existing liability thi jiski wajah se unse aapko cheque diya tha jo bounce hogaya
Helpful?
Adv. Mohd Atik Iqbal
Akola | 900+ Answers
CONTACT NOW
There is no compulsion as such that you need to have an agreement in writing regards the loan given to the accused in order to file a Cheque Bouncing Case against him. Verbal Agreement will do, but, you need to have witnessed to prove execution of such Verbal Agreement with the accused that he would return your money. Sworn Affidavits of the Witnesses who had seen you verbally executing the loan agreement with the accused will come to your rescue in filing and winning Sec 138 Case of N.I Act.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
Chat
It is necessary that you share some more details so that I can assist you further in the matter. A thorough examination of the matter at hand will enable me to assist you further in the matter and advise you accordingly.
Helpful?
Adv. Mikdad Zummerwala
Mumbai | 100+ Answers
CONTACT NOW
1. If the loan is given through NEFT/RTGS/Cheque etc. then it can proved that xyz amt has been given to accused. Also, your witness' testimony in court is crucial to win the cheque bounce case. It is not mandatory to have an agreement to file/win a cheque bounce case.
2. The fact that you have filed the cheque bounce case outside India and have received a verdict as well is what im not able to understand. Maybe some more information on the jurisdiction of this matter will help me understand your case better. (Note: Complaint under section 138 of NI Act cannot be filed outside India)
In case you require further legal assistance, you may contact me directly.
Helpful?
Adv. Shreyas Jain
Mumbai | 100+ Answers
Chat
Please reach out to me so that I can review the facts of your case thoroughly. I need to understand the details before providing any comments or suggestions. I will require more clarity on your situation.
Helpful?
Adv. Ajinkya Sanjay Gosavi
VasaiVirar | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Cheque Bounce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
