Cheque bounce 138 case
Querist :
Anonymous
(Querist) 20 June 2018
This query is : Resolved
A person sended a notice to my uncle and aunty that they took loan of rs 1125000. agar koi unknown person apne account se cheque bounce karwa kar 138 ka case daal deta hai to how to prove that a person is unknown.
Acctually the cheque was given to a financer for security purpose, and there is some issue between the financer and m,y uncle aunty.
how can we prove that they dont know the person who sended the 138 notice.
Guest
(Expert) 20 June 2018
When cheque was given to a known financier, even if you try to say he is not known to you, but proof of dealings with him can expose your lie making you liable for punishment for lying before the court of law.
.
Guest
(Expert) 20 June 2018
When cheque was given to a known financier, even if you try to say he is not known to you, but proof of dealings with him can expose your lie making you liable for punishment for lying before the court of law.
.
Guest
(Expert) 20 June 2018
When cheque was given to a known financier, even if you try to say he is not known to you, but proof of dealings with him can expose your lie making you liable for punishment for lying before the court of law.
.
Guest
(Expert) 20 June 2018
When cheque was given to a known financier, even if you try to say he is not known to you, but proof of dealings with him can expose your lie making you liable for punishment for lying before the court of law.
.
H. S. Thukral
(Expert) 20 June 2018
When the accused denies the execution of cheque, the onus shifts to complainant to prove the execution. there is no presumption in law as to execution.In this case the complainant says it was against the loan. He has to prove source of money, mode of payment, lon agreement etc. a good lawyer shall tear him apart.
SHIRISH PAWAR, 7738990900
(Expert) 20 June 2018
Accused has to show that complainant is unknown to him mere denial is not sufficient in complaint u/s. 138 of NI Act. The presumptions are in favour of complainant.
Kumar Doab
(Expert) 20 June 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 20 June 2018
While you may post you may also mention clearly was a blank cheque was handed over, since you have posted unknown person got the cheque bounced...
If unknown person got the cheque bounced then as suggested by Mr. H.S.Thukral, Approach senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc
Querist :
Anonymous
(Querist) 21 June 2018
acctually cheque was given to financer as a security cheque. but the financer handed over the blnk checque to third person which is unknown to us.cheque was bounced in the account of third person which is unknown to us.
Guest
(Expert) 21 June 2018
How could you come to know that your financier handed over blank cheque, not filled up, to the third party?
Better discuss the whole issue in detail with some local lawyer to help you defend your case. Any solution to your casual type of query here may not help you in any way.
