Querist :
Anonymous
(Querist) 18 April 2021
This query is : Resolved
Hi,
Am married now.before marriage without my knowledge my mother used my cheque for borrowing money. The signature in the cheque is also not mine. After marriage I recieved a notice asking 7.5 lacs.i did nt even know the lender. Then I came to know that my mother borrowed 1 lac from him and given my cheque.we replied to the notice stating that I ve not borrowed any money. But then he filed a case against me for cheque bounce. The case is in trail now. What will be the consequence..how to come out..please help
This discussion addresses a cheque bounce case where a cheque was issued without the individual's knowledge or signature before marriage. The individual received a notice for a debt they did not incur, and a case has been filed. Experts advise contesting the case vigorously in court, focusing on proving the signature is forged and that no debt was borrowed. Engaging a skilled lawyer is crucial to navigate the trial proceedings and present a strong defence.
Advocate Bhartesh goyal
(Expert) 19 April 2021
You have no option except to contest the case on merits.engage a prudent lawyer who will guide you better.
Pradipta Nath
(Expert) 19 April 2021
Please engage an Advocate and contest the matter.
Hemant Agarwal
(Expert) 19 April 2021
1. You will have to face Trial Proceedings in Court, wherein you will have to prove that you did not borrow any money and that signature is forged. Also the Lender will have to prove that he loaned his official money to you, for him to win the case.
Anubhav Tyagi
(Expert) 19 April 2021
Hi, If a cheque bounce case is filed against you, you need to face the trial and prove your case. You will be required to hire a Counsel to represent you. Best wishes Anubhav Tyagi, Advocate Delhi High Court
manoj
(Expert) 20 April 2021
Hi, It will not come under legal enforceable debt.. You have to fight before the court that though signature is admitted by you, you have to approach with exact legal position otherwise you have to face consequences. If you want I will provide citation. V E Manoj Kumar, High Court Advocate, Cell No.eight six eight six one five nine two nine two
P. Venu
(Expert) 20 April 2021
"The signature in the cheque is also not mine" - was the cheque dishonoured on this ground or for lack of funds?
If on the latter ground, is there any way in which the signature could be distinguished to be false?
What is the transaction, as alleged in the Notice, leading to the debt and the issue of cheque? Is there any obvious discrepancy in the facts and circumstances so mentioned?
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