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Regarding cheque bounce case

(Querist) 13 June 2015 This query is : Resolved 
i have appeared in cheque bounce case , i have one query that my client had taken business loan from finance company , company given him 60 installation to pay.my client paid 7 installation then he became defaulter for next 4 installation. for that he had given one cheque ,which amount is more than due installation ,and same is bounced .and now company filed complaint of this cheque . in notice the company asked for full payment of cheque and not for default .so should i take defence that notice is not for legal dues hence not proper. please help me to make good defence
Vidhi Joshi (Expert) 13 June 2015
Dipak,

Amount pending is a civil liability, whereas cheque bounce is a criminal liability even both relates to same subject but the cause of action is totally different.
Rajendra K Goyal (Expert) 14 June 2015
On default lender can ask for full outstanding amount.

Criminal case u/s 138 has to be filed for amount of cheque.
DEFENSE ADVOCATE.-firmaction@g (Expert) 14 June 2015
Unless you have won any cheque bounce case for any accused you can not understand or imagine that your proposed defense actually proves the case of the complainant.

Please see the files of cases where accused have won or see the files where accused are convicted to understand the logic.

Since the cheque bounce law says the cheque bounce itself is offense . Only illegal liability is defense , legal liability even if not due is no defense.


Still there are ample opportunities for any cheque bounce victim to take benefit from lapses in sending notice , bank slips or in pleadings of the complaint.

But once you admit receipt of notice than all technical defenses about it ARE gone.

Similarly once you admit cheque bounce than all defenses for mistakes in bank slips or in pleadings of complaint are null and void. OTHERWISE THE SAME ARE SO MANY and are ENOUGH TO WIN THE CASE.
Parthasarathi Loganathan (Expert) 22 October 2015
Yes filing a criminal case u/s 138 of NI Act is the only legal solution.


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