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Cheque bounce case

Querist : Anonymous (Querist) 14 April 2024 This query is : Resolved 
I need a clarification on a cheque bounce case.

I have sent around 15 lakh to my friend for his business purpose by taking a loan on my name . He started paying the emi regularly by sending the emi amount to me for an year. The emi was sent to me by his wife, mother and from his business and personal account. After an year he stopped paying the EMI. He stopped to respond my phone calls and his parents were also refused to pay the emi back.

I have raised a police complaint in our local police station. After the complaint my opponent gave me two cheques of 5 lakhs.

Then he stopped the payment and my both of the cheque got bounced. Now he raised a complaint to the police superiors that the local police inspector and DSP have threatened him to get the cheque from him.
But that is not the truth. As I have done the transaction through netbanking, he was not able to prove he didn’t receive any money from me. So that he gave us the cheque.

Now I have sent the legal notice twice as per the process. I received a reply that he was threatened by police to lend me the cheque. So this will not be under 138 NIA.

Now we have the
1. Bank statement which points the transferred amount of 15 lakhs,
2. Cheque and the return memo
3. Acknowledgment for the notice sent to the opponent.

Now pls let me know if there are any chances that the opponent can prove him as innocent.

And let me know the chances of winning the case.
T. Kalaiselvan, Advocate (Expert) 14 April 2024
The burden to prove the transaction is on the lender and not on the borrower.Hence you may produce the documentary evidences to prove the loan given to him and get him punished through the cheque bounce case.
Advocate Bhartesh goyal (Expert) 14 April 2024
( 1 ) No chance but you need to prove by cogent evidence that you had lend money to accused.
( 2 ) if loan transaction is proved then you will certainly get success.
P. Venu (Expert) 14 April 2024
What do you mean by "Now he raised a complaint to the police superiors that the local police inspector and DSP have threatened him to get the cheque from him."?

Querist : Anonymous (Querist) 15 April 2024
I would like thank everyone who replied to the post.

For the query from sir P. Venu, here is my comments.

It means that he raised a complaint to SP of my district after the cheque bounce, that the police officials (DSP and the circle inspector) threatened him to issue the cheque to me forcibly without investigating the complaint properly. As per his complaint he states that he have spent my loan amount of 15 lakhs to my marriage which happened recently. As he don’t have any evidence about the expenses made by him to my marriage. Police officers threaten him to issue the cheque of 10 lakh. Now I have the evidence of all the transactions which includes the loan transfer done by me to the opponent. And also the transactions of emi amount which was sent by him to my account for EMI payment.

T. Kalaiselvan, Advocate (Expert) 15 April 2024
If you have substantial evidence top prove your case then nothing prevents you from approaching the court of law to get your grievances redressed in this regard
P. Venu (Expert) 16 April 2024
The allegation could be of no consequence if you could prove, beyond reasonable doubt, that the cheque had been issued in payment of a legally enforceable debt.
Querist : Anonymous (Querist) 17 April 2024
Thank you for your inputs sir
Querist : Anonymous (Querist) 03 May 2024
Hello sir,

I got a doubt on filing the case. Actually I hold two cheques with each of 5 lakhs with the dates as 25/feb and 26/March The first one got bounced on 1/3. I have sent a legal notice within 30 days and he replied to the notice with some fake reasons that he have stopped the payment of both the cheques. Now the second cheque got bounced and I have sent the legal notice within 30 days. Now I have filed a case for the first cheque bounce. Can I file the case for the second bounce because he have replied to the first notice as he stopped the payment for the second cheque and not process it with a fake reason. Due to this even after receiving about the stop payment notification from his notice. Can I file a cheque bounce for the second cheque of 5 lakhs. Or what will be legal procedure to recover the money of the second cheque.
Querist : Anonymous (Querist) 03 May 2024
Can some pls answer my above query.
T. Kalaiselvan, Advocate (Expert) 03 May 2024
You have repeated the same question in the forum section of this website today itself and the was answered by many experts.
You have to file a separate cheque bounce for the second cheque that too was bounced.
You may visit that thread to know more answers.
P. Venu (Expert) 04 May 2024
You have option to file initiate a fresh action as the first cheque does not cover the entire debt, as stated.

The merits of and averment needs to be proved by the person who make such alibi.

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