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Cheque bounce case

Querist : Anonymous (Querist) 03 October 2022 This query is : Resolved 
In a cheque bounce case, the complainant threatened me and took the blank cheque with signature from me along with signature in blank stamp paper. Before he presented the cheque I made stop payment of cheque and filed a police complaint on him. If I take a plea in court that the complainant threatened me and took the cheque and bounced it will the court accept it?
kavksatyanarayana (Expert) 04 October 2022
A case is already in court, how can he threaten you and why did you give him the cheque without consulting your lawyer?
P. Venu (Expert) 05 October 2022
Had you mentioned the above aspects in the reply to the statutory notice.
Pradipta Nath (Expert) 06 October 2022
Signature in a cheque is an admission of debt. Better to consult an Advocate, do proper brainstorming with him and decide your defence.
T. Kalaiselvan, Advocate (Expert) 07 October 2022
Before filing cheque bounce case, it is mandatory that a legal notice is tio be served on you, have you denied his allegations and mentioned this fact.
Do you have the copies of the stop payment instructions as well as complaint given to the police.
With all these as supporting documents in your side, you can challenge the case properly in the trial proceedings..
R.K Nanda (Expert) 08 October 2022
court can accept your new plea.
P. Venu (Expert) 08 October 2022
The presumption under Section 139 is rebuttable. You may try to establish your defence through answers during 313 CrPC examination and also lead evidence to substantiate the coercion in getting the blank cheque signed.

In a criminal case, the degree of proof required for the accused to establish his alibi in defence is only that of preponderance of probability and not that of proof beyond reasonable doubt as is required of the complainant/prosecution.

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