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Cheque bounce case

(Querist) 23 March 2021 This query is : Resolved 
Sir, I gave Rs.5 lakhs cash to a known person without any agreement for 2 months in year 2019 as help for his immediate need and he gave me a advance cheque of Rs. 5 Lakhs . he didn't return me the borrowed money ultimately he refused to pay then I presented the cheque to bank and it returned back due to insufficient fund and after done all formalities of as per N.I.Act and filed a petition in N.I.Act magistrate court . My question is how can I proved him guilty ? what is the probability of winning the case ? Please advise Regards Narendra kumar
SHIRISH PAWAR, 7738990900 (Expert) 23 March 2021
Hello,

As per your query you are in a difficult situation to prove your case. However, you can post legal notice and compliant filed in court so that accurate advice can be given. Without verifying documents advice cannot be given.
Advocate Bhartesh goyal (Expert) 23 March 2021
Initiate cheque bouncing proceedings.may be accused come for compromise or admit guilt.
Hemant Agarwal (Expert) 24 March 2021
1. You become liable for Prosecutable Offences for dealing /loaning cash any amount exceeding 20,000/-. Loan of 500,000/- is your unofficial /unaccounted money which is legally not acceptable for court disputes.

2. Your case is a lost case and nothing can come out of it, since you do not have any documentary evidence to support your case. Mere holding cheque does not mean that Accused has any debt/liability to you. You have to prove this, which you cannot.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
J K Agrawal (Expert) 24 March 2021
it is not impossible to win the case.

There are thousands of cases in each court where cash transactions are more than 20000/- but I never heard about any prosecution by the Income Tax department.

A fact can be proved by so many type of proof and documentary proof is only one of its kind. You have so many other ways to prove your case.

It is highly advisable to file a civil suit also for the cheque amount.
Do not worry. Keep Smiling.
Narendra (Querist) 24 March 2021
Thanks , Mr.J K Agrawal for emotional support and valuable advice .


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