Bearer cheque

circumstance are against you.

Trivedi Sir, Actually the notices were sent to the address where am not living anymore. Even the Court notices are sent to that address only. I came to know about the notices through Post Man. He informed Me that I got some notices from somajiguda court. Then with the help of an advocate we took notices from the court directly by filing some affidavit according to some section ( which i dont remember now ). We filed that affidavit with my new address. They intentionally sent all the notices ( his advocates, court notices etc. ) to my old address so that I can't get them. Now what should I do. I follow the Instructions given by u surely. After My new disclosures in this message, what more should I do ? Pls Reply. Thank U ?

Mr. Sudhir Kumar, can U specifically tell on what basis CIRCUMSTANCES are against Me ? I'll be glad to know from U.

Although  in general notice is deemed to have been served if sent on the last known address, but under S.138 of NI Act the critical aspect is " Receipt of notice". The cause of action arises only when payment is not made within 15 days of receipt of notice, not otherwise.

Since you have come forward on your own and filed the affidavit and claimed the summons, the effect of not responding to the notice will not be so severe against you. Infact you must include this as one of your defenses along with the required proof of new address and leaving of old address, that you did not receive the notice. The court will certainly give its decision on this aspect.

I vaguely recall in one of such cases the accused was able to prove that he did not receive the notice even though sent on last known address and HC decided in accused favor. But these are grey areas not black and white and depends on the factual matrix of each case.

Since the trial is already started, please take active part  and ensure that your counsel crosses the complainant witness covering all the defense points.

You received some payments across the counter on the bearer cheques issued by father of your freind.  It is a record and there is no record that you paid the cash to his father.  Then you signed one cheque in his name is filled as a payee.  The cheque is bounced. SO the liability under S/138 is against you.  you have to prove that you owed nothing to him or his father.

Thanks Mr. Trivedi & mr. Sudhir

Mr . Trivedi, Is it enough if I prove that the Cheque is not given to deposit & was only given as Security or Surity long back. Will it turn favourable for Me ? Pls Reply ..............

Discuss the matter with your counsel.

Yes, you can prove that the cheque was given as security and subsequent to that you repaid the money. Be careful about admitting too much and take advise of your counsel, this all will also depend on the affidavit of complainant and his cross by your counsel.

Thanks Mr. trivedi. I will follow U R advise. Can I trouble U, if I get any doubts in future. Thanks a Lot  :-)