Cheque bounce case

Dear Experts,

Accused bought property and made part payment. He admitted issue of cheque that bounced. But claims he discovered property valuation was based on certain hidden facts and stopped payment after 3 months of issue. Accused also filed a cheating case separately. Can these facts support accused's case?

regards

Ankit

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1 Replies

Arvind Singh Chauhan (advocate) 25 August 2014

Definitely it will support the accused. As under 138 there must be legally enforceable debt, if you can prove the facts, as you described that you are not liable to pay this amount as you have been cheated, it would be helpful.