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Wrong case for cheque bounce againt one of my frnd


20-Feb-2023 (In Cheque Bounce Law)
For starting new business my frnd take 3 lakh rs cash from on of his neighbor in may 2019 and for security he gave him his cheque dated 10 may 2020 and in between that 1 year time period he returnd all money in installment but he forgot to get back his cheque from his neighbor and his neighbor misued his cheque abd complaint a case againt him... He dont get any notice frm court but now court have issued warrant againt him... Plz suggest what can he do now
Answers (2)

Answer #1
937 votes
Hi What are the records that money is returned to the neighbour. If the amount is paid in cash but not taken any receipt or any sms or recordings then have to create some evidences. You need asap action and steps as per law. For more, you may contact me. Regards
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Answer #2
721 votes
First of all its a big mistake from your friends side he should have taken that cheque or he should have asked bank to cancel that cheque however without serving a proper notice to the opposite party in 138 case the case could not be initiated thus it is advised you to approach high court to quash that case under 482 crpc for not flowing proper procedures by lower court
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