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CHEUE BOUNCING

(Querist) 05 March 2011 This query is : Resolved 
I have issued a cheque to one of my friend, but after getting the cheque, he requesed me to deposit some cash in his account, and myself deposited the cash and requested him to send back the cheque. But he didnt do that
Sensing some foul play on his part, myself went to the Bank given a written request to stop the payment of the said cheque and withdrew all the money kept in my account on 12.10.2010. The complaintant, submitted the cheque on 15.10.2010, and the manager of the bank told him there is no sufficient fund to meet the cheque demand. On hearing this, he obtained a written memo from the Manager showing "Insufficiency of funds". He, then filed a case against me under section 138 of INI.While seraching thru various websites, I got the below"

'stop payment' was not due to insufficiency or paucity of funds but payment was stopped because of other valid causes including that there was no existing debt or liability at the time of presentation of cheque then offence u/s 138 is not made out. . (M/s M.M.T.C.Ltd. Vs M/s Medchl Chemicals & Pharma P.Ltd.) 2002(1) CIVIL COURT CASES 13 (S.C.) : 2001(2) APEX COURT JOURNAL 636 (S.C.) : 2002 (1) ISJ (BANKING) 0237

Please advise me whether I can file a case against this person, as am having all the related documents. and am 100 per cent correct.
regards
varghese
prashant pundhir (Expert) 05 March 2011
You immediately go for revision against the filed complaint with the same grounds and there you put the proof with the prayer for quashing the proceedings of lower court and also to direct lower court to lodge fir u/s 419,420 IPC .
Guest (Expert) 05 March 2011
Where is he question of friendship and close friend when the element of cheating is there in the dealings.

Anyway, what about the written intimation to your friend that you have deposited Rs.4,000/- on first occasion and Rs.3,000/- subsequently before the date of presentation of cheque for Rs.7,000/- by your friend?

However, before giving your instructions for stop payment you should have served a notice to your fiend quoting a valid reason that he should not present the cheque in the bank.

Anyway, if you can prove that there was no debt against you from the side of your friend and you have already paid the amount you can get advantage of the case law referred by you in your query. I hope, if you already have in your possession the documents in your favor, the other party in spite of the notice would not file any case against you.

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
DEFENSE ADVOCATE.-firmaction@g (Expert) 05 March 2011
Revision not maintainable , you have to go through the process of trial. Since no valid liability you will win , no problem.

There after please note thereafter you can file counter criminal cases .
Advocate. Arunagiri (Expert) 05 March 2011
You have to face the trial and prove your innocence their. There is no ground for quashing it. Without sufficient balance to honour the cheque you can not give stop payment.
A Truthseeker (Expert) 06 March 2011
sec 138 NI A ct is a stringent law and u must get ready first to face the trial. but the facts as stated by u suggest that the case is in favour of you though u have to discharge the onus that u had no liability when the cheque was dis honoured. if u have already got lawyer's notice u should make a reply within 15 day s of receiving the said advocate s notice that u had already paid the sum mentioned in the cheque.
indrajit mukhopadhyay (Expert) 06 March 2011
dear
you must have to face the trial and prove your innocence. Did you mention in your reply notice that you had already made the payment? filing a counter case u/s420 would be a prudent idea, if you've got the sufficient documents there is a chance of wining.
varghese (Querist) 06 March 2011
Thanks for your kind reply.

Sir,it is reiterated that I have refunded the entire money and requested him to return the cheque, then he told me that he has given this cheque to one of his friend. His friend coerced the party to present the cheque. Sensing the danger, myself immediately went to the bank and stopped the payment and withdrew all the money kept there.
He waited till get get back all the money, after that he went to the bank. But in my passbook entry there is no any entry showing the bouncing of the cheque.

Sir, this the first time in my life such incident happened, I dont know what to do
I am a Govt of India retd employee, served more than 30 years without any blemises.
I am honest and God fearing, but one this I know, he will suffer for that.
with kind regards
RAJU O.F., (Expert) 06 March 2011
If you have kept the receipt/counterfoil for the remittance of the cheque amount to the payee's account, evidencing payment under the cheque amount, you can convice the Court.
varghese (Querist) 07 March 2011
dear sirs,
Now he is asking for compromise what is your opinion Sir, shall I go for compromise or fight. I know am 100 percent correct. Since the amount involved is meagre, its not good to proceed, as per my lawer advise, hence better to compromise and withdraw the case.
is it possible to with, if we compromise?

regards
PJANARDHANA REDDY (Expert) 09 March 2011
BETTER TO COMPRIMISE
RAJU O.F., (Expert) 24 March 2011
Compromise any matter, whereever possible,instead of waiting and taking tension for long, if the result is beneficial to you.


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