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Querist : Anonymous (Querist) 25 December 2011 This query is : Resolved
one of my friends issued cheques worth 80 lakhs to his ex partner on disolution of partnership in an undertaking and on disolution. It is proved on records that:

1. the complainent has negative capital in his balance sheet.

2. that the complainent says he has no acounts for rs. 40 lakh he gave as financial assistance. he tore of the papers.

3. the complainent has not filed any suit for recovery of such amount.

please advise what is the status of the case now ?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 25 December 2011
Cheque bounce law is stringent 1) cheque was from the account of the accused 2) it is bounced far want of funds 3) liability is presumed and summery procedure for fine and conviction.

BUT ACCUSED HAS RIGHT TO REBUT THE PRESUMPTIONS. Law can not provide for all the eventualities /possibilities and hence power of defense which is power of negative is immense. Darkness is perpetual light has to be sustained.

prabhakar singh (Expert) 26 December 2011
rightly spoken by jsdn

Shonee Kapoor (Expert) 26 December 2011
correctly advised.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ajay sethi (Expert) 26 December 2011
if the accused ahs issued cheques worth rs 80 lakhs and cheque has been dishonoured on presentation the complainant is justified in filing complaint for dishonour of cheque . however complainant has to prove that cheque of rs 80 lakhs was in respect of debt due and payable .

if complainant is unable to justifyalleged sum of rs 40 lakhs given as assitace , the accused would after trial be acquitted

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