Post dated cheques

Querist : Anonymous (Querist) 29 January 2012 This query is : Resolved
Dear sir my query is concerning about post dated cheques.some companies or traders kepts pdc;s as a sequrity deposit.and after some disputs deposits yhat without confirmation of accounts hen such cheques are bounced then company can file case under 138 please guide

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DEFENSE ADVOCATE.-firmaction@g (Expert) 29 January 2012
Any case of cheque bounce (NI 138) can be won by the accused if diligently perused from initial stage. It is a myth that once a cheque is bounced conviction is imminent .

The complainant has to pass many many and many legal hurdles to achieve this.
1) Prove EXACT legal liability equivalent or less than value of cheque that too on the day when the cheque was given .2) Prove notice and all its contents .3) frame proper pleadings in the complaint 4) produce all the evidence with the complaint 5) Prove cheque was actually given to the complainant BY THE ACCUSED .6) It may have been given post dated but not blank dated.
6) Prove its bounce against the complainant not against any body else. This is a big catch and ignored by many most of the time.

Accused suffer only due to guilt complex and initial lethargy .Power of defense is power of negative which is perpetual and immense.

Raj Kumar Makkad (Expert) 29 January 2012
The cheques are deposited with the intension that one the party fails to clear its lawful debts, those cheques be used by its holder. There is no wrong while doing so. The complainant/holder of the cheque has to prove his lawful debts towards the accused and if he fails to do so then the entire benefit goes in favour of the accused person.

Devajyoti Barman (Expert) 29 January 2012
The complainant needs to prove that the cheque was drawn to discharge a valid debt.
If it is not proved then case would fail.

V R SHROFF (Expert) 29 January 2012
This Tact is used by Majority Finance Co, . To recover their money.

One should Defense with Proper Planning from Day 1, as already suggested By Shri JSDN.

Small mistake too, cost, as Fin Co have a Team, and can spend, and to survive in their business, they have to be shrewd, and experienced.