Cheque Bounce
Querist :
Anonymous
(Querist) 12 January 2010
This query is : Resolved
I had received 3 Cheques from a Real Estate goon & it got bounced, case going on right now. We have done with our side & now its cross examination of the accused. He has filed a affidavit that we bring in rowdies to threaten him & have colelcted cheque. What is that we need to do now ? How to get evidence that we have not done this ? They have claimed that they went to the police station to complain regarding this but they did not accept the complaint ? I feel indian law is too loose, allowing this kind of false accusations without proof. I am worried about this case, please suggest next steps. My lawyer is doing his best, waiting to see what happens.
Jayashree Hariharan
(Expert) 12 January 2010
He has to prove that you brought in rowdies and collected the cheque. These types of allegations are common in all cases and to all the litigants. It will not be taken seriously until proved, so don't worry. Be clear in what circumstances the cheque was given to you... any witnesses? Anyway, your side is over now. If he doesn't fight his case, case will be decided in your favour.
Querist :
Anonymous
(Querist) 12 January 2010
Ironically we had called him for discussion in our Lawyer's office when we planned to buy a property to check legal documents of the said property. But since we were not satisfied we asked him to return our money which he readily accepted & issued cheques on the spot in our lawyer's office. He was accompanied by his other goon friend, Although my lawyer was present that time he does not want to be a witness now since it will be involving his time. Now he is apppointed his friend who accompanied that day as a witness that we bought in rowdies @ his place to collect the cheque. Ofcourse his friend can lie but there is no other strong evidence that he could bring in since we never involved any thugs. My lawyer's planned a fitting reply to him, just have to wait & watch. Finger's crossed. But what i want to understand is will the property issues be discussed as well ? or Just the case regarding the cheque bounce ?
Arvind Singh Chauhan
(Expert) 12 January 2010
Don't worry he is relying on weak ground. At the stage of argument you can rebut this defence that, "If the police didn't accepted his complaint, he had various options, such as to complain to superior officer, or to pray to court under 156(3)Cr.P.C., or to file complaint case directly in court" .
But beware that, if he is to be cross examined yet, never ask these question, answer may be affirmative which may harm you.
Querist :
Anonymous
(Querist) 13 January 2010
Thanks Mr. Arvind & Ms. Jayashree, Yea agree that he should have given a complaint to the higher authorities or pray to court, in addition he could have also issued a notice to stop cheque so that he could avoid the Cheque bounce it self ?
