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Ashu (owner)     21 March 2013

Check bounce

Hi all, I want to know that in case some one take check from me forcefully or under some preassure I hand over that check to him. But now I came to know that person or Firm is fraud. So in case if I request bank to stop those check number and launch FIR. still I am eligible for check bounce case? can he launch a case on me.? or what else steps should i take to save me from check bounce case. Please reply.


Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 March 2013

A case can be filed if the cheque is dishonoured. However, in order to secure conviction the complainant will have to prove that it was given to discharge a legally enforceable liability, if he fails to prove that then, the case too fails. If you have filed the FIR and have proofs that it was forcefully taken from you then, you will be acquitted. However, a person cannot be stopped from filing of case.

1 Like

Advocate Ravinder (Advocate/Attorney)     21 March 2013

I agree with Archana.

Ashu (owner)     21 March 2013

Thank you Archana.

But is there any other steps which I can take to save me from case.?

What precaution or steps should I take...!

Adv Archana Deshmukh (Practicing Advocate)     24 March 2013

If the cheque is forceably taken from you without your free consent, you can file a police complaint immediately that may help you. In respect of filing of case, as I already said, nobody can be stopped from filing of a case.


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