A.BURHANUDDIN (OWN BUSSINESS) 11 July 2013

Cheqe bounce

dear sir, i am facing cheqe bounce case since 2010. i had taken 50000 rupees at 24% per annum, in 2008 march, issued two empty cheqes with my signature to him.i paid interest up to july 2010, after that i was unable to pay because of my financial problems.he suited cheqe bounce case in december 2010 agains me each cheqe for one lakh rupees.still the case in process.i have no any proof to prove i was taken only 50000 repees. stil how many days the case will run? and if i ready to pay two lakhs to him, though he did not agreed then court will accept my reqest or not? he suited for two lakhs, if i agree to pay then, is court will ask me to pay any more amount or penalty? ..............please advice me as early as possible......

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5 Replies

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com) 12 July 2013

Contest the case properly and you can come out of it. Engage an advocate who had handled siminal cases.

R Trivedi (advocate.dma@gmail.com) 13 July 2013

Please tell at what stage the case is ? If you are willing to make the payment to him for Rs. 2.0 Lacs, talk to him, settle out of the court and case shall get compounded, once both of you mutually agree to resolve, then court will not impose any further penalty on you.

Contesting any criminal case is a double edge sword, he looses nothing (may be some money), but stake against you are very high, you will remain mentally troubled till the time case gets over, and still the outcome cannot be predicted mathematically. If you can and if you feel you should, then pay and get rid of it.

A.BURHANUDDIN (OWN BUSSINESS) 13 July 2013

sir he is not accepting my offer now.he is telling give 3 lakhs otherwise court will penalt you double the amount and also you have to go to prison.what to do sir ? if he did not accept to take 2 lacs then court will accept or not ?

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 14 July 2013

Courts conducts cases on basis of law and not on personal whims of people.

Money does not grow on trees that you should pay in lacs for few thousand.

1) The complainant have to prove source of funds, evidence when and how money was paid.

2) If money above twenty thousand is loaned in cash than it is not allowed under IT act.

There are many such valid and legal defenses. Give details of complaint, notice and we will give you proper line of action.

R Trivedi (advocate.dma@gmail.com) 17 July 2013

Once you have the presumptionary evidence against you and also do not have any proof of countering the same, then it is very risky to rely on the technical aspect. There are available citations where friendly loan of higher value is admitted, there are citations where mere affidavit of complainant in case of friendly loan is found sufficient, and similarly there are citations where without IT proof complaint is turned down, there are citations where capacity of complainant is found not sufficient to extend the loan etccc ?? So the point is would you like to put your future at stake for uncetainties like this ?

So in your case where there is a willingness on your part to give Rs. 2.0 Lacs, then re attempt, may be better sense would prevail. Meanwhile do a small calculation find out from his complaint/notice that even if @24% is charged, what would be your liability on the day of notice ??