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False Cheque bounce case filed against me.................


04-Mar-2023 (In Criminal Law)
I was purchased a land from a party on 2015. In between I issued a cheque for Rs 200000/ to the party as a security to extend the sale agreement between and they promised that the cheque would give back at the time of execution of land documents as per the sale agreement. But they didn't give back the cheque at the time of date of execution and told it was missed and would give later. After that they presented the cheque and the cheque was bounced due to stop payment by drawer. Now they filed a case against me that on a specific date I borrowed the amount by cash for my personal uses. But the fact is that on that specific date I was out of station and that I can prove because I am a govt employee and I can present the attendance register of my office. My question is that 1.How relavant is the physical presence of the accused person on the specific date mentioned in the legal notice in a cheque bounce case. 2. Is there any issue to travel aboard if cheque bounce case is pending?
Answers (1)

Answer #1
937 votes
in cheque cases if the execution of the cheque is proved, then the onus is on the accused to rebut the presumption. in general case it will be deemed as a legally enforceable debt. if you are able to prove that you are not present on the specific date and the avernment inter complaint is false, you can positively rebut the the evidence. it is not clear from your letter that whether you are given a reply notice to the complainant.
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