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Need information on cheque bounce


12-Jun-2023 (In Criminal Law)
I received a cheque from my friend as a surety for the amount which I gave him total 4 lakhs. after that he escaped and now he is staying near by my home. If I bounce this cheque and follow 138 sce, so is there any possibilities to him to file any case on me to waste my time. I heard that he did earlier on one person. I have only one cheque and bank statement that I transfer money 2 lakhs but I gave remaining 2 lakhs cash. please advise 
Answers (3)

Answer #1
828 votes
Hello, If the cheque issued by your friend bounces and later you file cheque bounce case against him under Section 138 NI Act, there is possibility of him filing theft case against you alleging stealing of his cheque just to harass you and waste your time in retaliation. However, it will not sustain as he has signed on the cheque and you can easily prove that during the trial.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRato Hyderabad | 5+ Answers
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Answer #2
808 votes
Hi you can file a 138 NI case against your friend for entire 4 lakhs as you have paid 2 lakhs through cheque and 2 lakhs in cash( hopefully you can prove that you had withdrawn cash from your bank). though the case might take atleast 12 -18 months, hopefully you will receive 4 lakhs + 4lakhs(compensation) as the other person will pay up to avoid going to jail.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRatoHyderabad | 25+ Answers
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Answer #3
850 votes
if you got his permanent address and if you are able to serve notices upon him you can file the cases on basing upon the cheques and can direct you and advice you if your facts are more deeply mentioned
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Advocate Innamuri Balasubramanyam

Adv. Innamuri Balasubramanyam

LawRatoRajahmundry | 700+ Answers
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