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Jasneet (Smartclass Co-ordinator)     11 June 2010

My Cheque was bounced

Dear,

Someone had my 11 year old postdated signed cheque. My Bank account of same cheque was closed in 2007. Last month 10th of May he has diposited that cheque in his bank with amount Rs. 90,000 /-. Now he has send the Legal Notice with act u/s 138. What I could do. Please suggest me the wayout.

 

Thanks

  



Learning

 7 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     11 June 2010

Fight you will win .

B.P. Bhardwaj (delhi)     11 June 2010

Make Reply of legal notice with these facts and send to become complainant. This case is not maintainable because (1) cheque given by you, which is a leaf of cheque book issued 12 years earlier, means this is not a PDC (2) The bank account closed in 2007 it means you have not issued this cheque after closure of bank account.  Send reply and if the complainant file a case under sec. 138, contest the case, you definnately win this case.

Best Regards

B.P. BHARDWAJ

Audry Fernandes (nil)     11 June 2010

You say the cheque was post dated? What was the date of the cheque?

I think a cheque is valid only 6 months from it date. How did the back accept it.

Rajiv Kumar Dubey (Lawyer)     13 June 2010

The bouncing of cheque case can be sustainable only if it can be shown that the cheque was issued in discharge of some obligation. Since in your case it is a post dated cheque and you haven't specified why and how the said person got hold of the cheque. As of now the suggestion is to reply the Legal notice denying everything and specifically pointing out how the cheque was not meant for discharge of any liablity.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     13 June 2010

Friends the law is in the favour of the accused provided timely action is taken.In your case the account was closed much earlier is a good defense but ...but the complainant has only one point against you that you have cheated him by issuing a dud cheque knowingly well that it was from a closed account.And this seems probable since otherwise how the cheque surfaced after eleven years.TAKE CARE GOOD LUCK.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     14 June 2010

SIR,

Give reply to the notice.fistly u have to expalain how the complainat possess that checq untill u deliver.

it is adviseable to meet a lawyer and send replay through an advocate

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     14 June 2010

Go ahead and contest the case. If it was post dated, then what was the date. Mind it the cheque is valid onl;y upto the six months of its date.


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