Kumareshan (Manager) 05 March 2011

Cheque bounce

Hi,

I had made a business partner agreement in which it was clearly mentioned the amount paid is non refundable, but after a year the business was a failure and could not get the profit as sought, now that he has harassed me and taken my personal cheques for same amount and have bounced it and filing a case against me, I dont have the original copy of the agreement its with him, What best i can do so that i can get rid of this

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4 Replies

Kiran Kumar (Lawyer) 05 March 2011

well, S.138 NI Act provisions are not as simple as being considered.

the technical aspect involved is Legally Enforceable Debt....which is required to be proved as per law.

you may instruct your bank to stop payment against those cheques, this will immune from any action under S.138 NI Act.

and simultaneously gave a comlaint to the police that few of your cheques have been stolen.

seek help of your local lawyer and you need not to panic...cheque bounce does not mean instant conviction, a lot is required to be proved now.

Devendra singh jhala (Lawyer) 05 March 2011

Mr. Kumar Suggest right point for your safe side.

Advocate Anuj Anand (Advocate) 07 March 2011

Mr. Kiran is correct you will get chance to defendant your self

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 07 March 2011

First of all no process will be issued.

I have seen in some cases for NI 138 cases rubber stamps are put for issue of process. This is a sufficient reason for revision that the trial did not apply its mind for issue of process.