Amul Jani (administrator) 10 February 2013

138 act check bounce

hello my self Amul jani here, i suffring with check bounce case that i give to one known person as a security against money of 4000rs. as on 10 % interest.. i paid all that amount some of rs. 4000.00 but that guys demand for another money.. i replied i unable to pay than a person who received that check put figure on it some of Rs. 1,32,000 and deposit iin consern bank.. and it get bounced.. now from last 2 years a check receiver put the case against me.. i totally innocent in that matter becouse i paid all that..

only sign i made on that check and rest of the procedure on check done by that receier..

so, please give better advice how do i defend my self in court..

my loyar fight against all this but still i need advise plz..

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6 Replies

ANIL KUMAR 8867907494 (advocate) 10 February 2013

Based on the inputs provided by u i can only advice to tackle him on transaction for what purpose cheque was received

sharavanakkumar.m (advocate) 11 February 2013

hope your advocate will do better.If it is a money transaction, burden is in your side , you have to prove that it is only a security not to dischage the liability.That a part, you have to produce the documents to the said dischage. Without proving the same, you cant succeed.

Amul Jani (administrator) 12 February 2013

Thank you Mr. Anil sir, but let me know if court need any kind of proof from my side than what types of documents needed in defence becouse i made singnaure on that check and check was blank and rest of the things date, name or amount fillup by that check receiver.. and one thing more and the complainer person said in court i give all that money in cash...

Adv. Mandar Pimpalkhare (Advocate) 12 February 2013

hi amul

as per the inputs you have provided transction is needed to be proved for what purpose the cheque was given and second thing as u mentioned, you have only signed the cheque and other contents are filled by the receiver, in that case you can opt for handwritting expert opinion for the wriiting on the cheque. this may also help you in establishing your defence of giving it for security purpose if report shows two different handwritting on the cheque (one is your's and other by that receiver may be)