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Rishi (NO)     27 July 2013

Cheque bounce-defence

Hi,

One of my close frnd who used to come to my home sooo frequently stolen my signed cheque which I kept ready for my sister husband, from my house,and after few months he started blackmailing me and one fine day...he has filed a cheque bounce case one me stating that I've availed a HAND LOAN of Rs2,50,000 from him.apart from that he did not have any other docs like agrement etc...

Now my question is how to defend my self....Can a cheque leaf is alone enough to file a case ??

How to defend my self from this case ?? Plese advice me.



Learning

 9 Replies

Advocate Rohit (Advocate)     27 July 2013

if the cheque was stolen then how come you did not filed a police complaint and also instructed your bank for stop payment????

you should have done that to save yourself from this trouble. now you need to prove that you didn't took any bank loan and instead you had offerred friendly loan to your friend. Does your friend is capable of giving such loan of Rs. 2.5 lakhs to anybody????

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Rishi (NO)     27 July 2013

Hi Rohit,

Thnks a lot for your response.

As soon as I received the lawyer notice,I raised a request in online for STOP PAYEMENT for the remaining cheques.

But I've not a registered any police complaint as the damage was already done.

My friend is not so sound financially, he is a construction kooli and maestry(who receives commission for sending daily labours).

In order to defend my self,

Shall I ask for his IT returns for the amount,when and how he gathered such huge amount?? Does he made any bank transactions on or before date of lending me money given in  lawyer notice ??

Will these become valid points ?? Please reply ..

Regards,

Rishi.

rohan (vp)     28 July 2013

good query .. 

M Madhu Prakash (Advocate)     31 July 2013

Respested Sir,

  Sure he can file a case only with the instrument alone, other document is not mandatory, based on the circumstance evidence only we can quash this case.

With Regards,

M.Madhu Prakash

900 312 4444

Advocate

Madras High Court

Rishi (NO)     02 August 2013

Hi Madhu Sir,

THanks a lot for ur valuble answer.

What things comes under circumstance evidence in this case ??

Like I mentioned above, any bank statement ,any eye witnees ,or IT returns or any agreement .Will any one of these comes under circumstances evidence ??

if not the above mentioned things,..please specity what are they ??

Regards,

Rishi.

palanichamy (nil)     03 August 2013

The cheque leaf alone is sufficient for file a complaint! 

palanichamy (nil)     03 August 2013

Mr.Madhu prakash, on the basis of circumstancial evidence 138 of N.I.Act is will not be quashed. it will be only by the technical grounds.

M Madhu Prakash (Advocate)     03 August 2013

Respected Sir,

I agree only technical ground can quash but circumtancial evidence will help in the trial for acquital.

M.Madhu Prakash,

Advocate - Madras High Court,

900 312 4444

 

JAGDISH GUPTA (PARTNER)     05 August 2013

Rishi,

Whatever said and done, facts are what remain in court file and before the court.

You say he used to come to your house means you were close friends, frequently coming means like friends, and if is such why can not be presumed that you are also the like. Many months he continued to blackmail you - not true thing. Somewhere your involvement is definitely there.

What is meant by all this is that the lawyer of other party shall have arguements and claims and evidences against you which you should not hide and take care of.

An Income Tax Return is not the requirement for transactions with consent. What you should have done and what you did not or could not shall definitely come in your way while defending the case because the natural or normal action by any prudent person in your circumstances is missing on your behalf.

You have not mentioned what stand or arguement you have taken in your reply to the notice in order to refute his claim and whether or not any thing has been stated or submitted in the court from your side by now.

Section 145(1) allows you to cross-examine the complainant with the permission of the court, and your lawyer will be able to crack the truth if your are honest, but beware, you will be in trouble if the complainant holding any evidence against you which means you have not mentioned or concealed here.

Consider many but take up any one stand like :

1 . Complainant showed you one water bill or electricity bill or credit card bill or telephone bill or any other utility etc to bepaid by cheque and to be dropped in drop-box and he gave you Rs 223 of the bill and took cheque without filling it so that it may become invalid due to overwriting cutting etc. and the name of payee company or date of payment or amount with late fee etc is to be filled up by him later after enquiring at the counter and that he said that he did not have any bank account or any cheque facility in his bank account;

2. Complainant had to send one examination form / application form / booking form etc and that details shall be filled up upon enquiry at the authority /agency / company counter and that the form was to be sent by post - so cheque was needed and you gave him cheque in good faith;

3. Complainant has breached the trust by deceiving you while complainant was simply a carrier / agent to handover the cheque to your sister's place or for that matter any place or to any person and the complainant is a cheat and he has misused the cheque not meant for him although it was not actually stolen by him and it was handed over to him by you yourself but without knowing that he will do this mistrust with you;

4. You  yourself had agreed to give a loan of some different or small amount without filling it up fully or of this amount to the complainant on satisfying the pre-condition of approving the loan that he comes back with two known guarantors tomorrow otherwise you will not allow him the loan and because he did not turn up with guarantors etc after taking the cheque, you did not clear the cheque and stopped payment of remaining cheques so as to avoid any inadvertant mistake by the bank staff towards any other cheques in same series;

After knowing your financial status, one relevant and fitting arguement can be developed.


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