What if a security cheque that I gave in 2008 gets bounced in 2016

Cheque personal mal kharidne hetu diye cheque ke samne mal bhi nhi bheja auur cheque vapas nhi dekar 5mah bad bank me dalkar case kardiya cheque 2008 me case abhi2016 me kiya me court me hajir bhi hua meri halat vakil karne ki nhi he muje salah dijiye kya karu

Answers (4)

59 votes

In Every city,there is free legal aid is available.the person who is unable to hire lawyer can go to free legal aid and demand lawyer for his matter.in this case you have to appoint advocate to run and defence your case.

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91 votes

That when a complaint u/s 138 is filed before the Court, you need to remain present before the Court and proceed in your matter. That weather the cheque given is given in 2008 and bounced in 2016 is a matter of evidence. That you can request court and take an Advocate from Legal team, who shall in my opinion represent you at a very low and cheap cost. You have no other alternative but defend your case as you are an accused in the present complaint as described by you.

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329 votes

Dear Queriest

You have given the cheque for the transaction of purchasing the goods even though in the form of security. If you have given blank cheque without date the other party can get it deposited and in case of return of cheque can prosecute you under S-138 of NI Act in a criminal court. However you have to think about the defence to be taken for the points of filing of such case late and find out the documentary evidence for the same.

292 votes

The cheque return cases fall under section 138 of Negotiable Instrument Act n is very specific. Therefore one has to be cautious in pr esenting the instrument to the bank and then also in filing the case. This being complicated full details with documentary evidence only advice can be given.

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