Cheque bounce
Shiva Shankara R Shetty
(Querist) 19 September 2016
This query is : Resolved
I booked the flat in Jan, 2016 and paid Rs. 10 lacks as advance through bank. Subsequently, I cancelled the flat booking during the April, 2016.
That time, I received the Post dated cheque from the company. The cheque date was 15th September, 2016. Now, the cheque returned due to in-sufficient funds.
I called customer care, Customer relation officer of the concerned project and account person. All are not giving proper answer and disconnecting the call.
Now, what action I can take against to the company.
Ms.Usha Kapoor
(Expert) 20 September 2016
Dear Client,
You rebut the presumption that cheque was not given to discharge the debt or clearing outstanding the liability but as collateral security to the loan.
debt or other liability.”
Since the law raises this presumption against the accused in the case where a cheque is dishonored, the burden lies on the accused to prove that such cheque was given only as a security and not for discharge of a debt or other liability. However, as held by the Supreme Court in the aforesaid case of Vijay v. Laxman, (2013) 3 SCC 86, the standard of proof required from the accused for rebutting any such presumption is not as high as that required of the prosecution. So long as the accused can make his version reasonably probable, the burden of rebutting the presumption would stand discharged.
Therefore, while no offence is made out if the cheque that is dishonoured was given only as a security, the court shall presume that it was given for the discharge of any debt or other liability, and subsequently it will be for the accused to prove that the cheque was not given for the discharge of any debt or other liability but it was given only as a security. Once the accused is able to prove it, he shall be entitled to acquittal from the offence of dishonour of cheque.
P. Venu
(Expert) 20 September 2016
You can initiate action in terms of Section 138 of NI Act.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 September 2016
Firstly tell me where you are located .
And find an advocate who has contested cheque bounce cases, give notice and file complaint.Case can be filed against all the directors / partners of the firm.
you will get your money but it will take time and costs.
Why I am asking place because at big places notice is drafted by juniors who do copy paste job from earlier notices and so make many mistakes and the case fails.
Raj Kumar Makkad
(Expert) 20 September 2016
Immediately give notice under the provisions of section 138 NI Act and follow subsequent actions connected with this section otherwise you shall be big loser in criminal proceedings.
Shiva Shankara R Shetty
(Querist) 20 September 2016
I'm residing in Bengaluru and company also located in Bengaluru
Guest
(Expert) 20 September 2016
Adhere to the advice rendered by Shri Raj Kumar Makkad.
Dr J C Vashista
(Expert) 21 September 2016
I agree with the experts advise.
Besides complaint under section 138 of the Negotiable Instruments Act you can also file a case under order XXXVII Rule 1 & 2 of the Code of Civil Procedure for recovery of the amount, however, both the cases can run concurrently.
Raj Kumar Makkad
(Expert) 22 September 2016
I do agree with the advice of Ld. Dr. Vashishth that civil suit for recovery can also be filed simultaneously.
Guest
(Expert) 22 September 2016
Well advised, if th author can take advantage appropriately.
Rajendra K Goyal
(Expert) 22 September 2016
Agree, civil suit for recovery and criminal case of forgery can also be initiated.
