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Prashantha (Self Business)     23 October 2012

Check bounce case

sir,

I Having issued to person 5 check of 3.5 years old and I signed without date and rupees/name. year also am not operating that account and not closed and use different bank account for daily. now this person deposits all check by filling name/date/amount for rs.12lach altogether i owe him so much year ago. and no record witness for giving him check and the person can showoff the document transaction for the amount due to him.

now check came back not paid. can this be a case of NI138 act. What happend S.20 and any other section may come-into with these since I did not fill check and it 3 years old check. help requested to understand my case. thanking you. 



Learning

 9 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     23 October 2012

Get a good lawyer and contest the case from day one and you win the case.

MohammedRaffiq Bijapur (Advocate)     23 October 2012

No doubt cognizance will be take for offence u/sec 138. the burden is upon u to disprove the case of complainant. So get help of advocate and contest the case.  

Prashantha (Self Business)     23 October 2012

thank you sir. this means i can win case under s20 if contested from day one even iam liable to the person inspite of proved under S138 act.

so it says S20 is good weapon for accused even if he is liable for the amount to the complainant and proved under S138 or any other cheating case.

DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com)     23 October 2012

Please do not remain over cofidence and remain dependent on this or that section. Engage a good advocate who has experience in such cases.

As other experts has suggested please contest properly since it is your cheque, from your account and bounced so your liability is assumed..

SSo it is the skill of a good advocate who can conduct the case properly .

 

Chetan Joshi (Advisory/Advocacy)     23 October 2012

How did you him? As in verbally? when did the debt become due? were the cheques given as security....???

 

" Queriest should be more explanatory when they come to seek legal advise"

 

 

Thanx

Prashantha (Self Business)     23 October 2012

sir, am due to person for last 3.5 years till today. i signed document 3 year back for taking loan from him and proof available with him. i gave check to him 3 year ago with only signature and not mentioned check details in agreement document that i signed.  is this termed as security check? i only paid partial amount last year still pending 12lack, he deposited all 5 check by filling his name, recent date and amount and bank returned check with insufficient fund.  if case is ni138 he can prove liability. but under s20 or other sections can these be challenged with win. was looking SC Nagappa vs Muralidhar case  and cruious to know with my case. thanks sir all the suggestion.

Adv. Nikhil Seth (legal consultant (9867264707))     23 October 2012

what document you signed what terms & condition mentioned all this matter in deciding the merit of case .

Adv. NIKHIL SETH

Mumbai

NAVDEEP SINGH SRAN (student)     23 October 2012

at first glance upon your case,either you are innocent moraly but u wil be liable under 138 NI because law is blind & saw only evidence

Prashantha (Self Business)     24 October 2012

i taken loan from close relative. i sign 200rs stamp paper document by acknowledging amount taken me and with "will pay loan with interest at the rate of 20% annum". no more terms available in the document. i regular in paying installment and now one year i suffer financial loss and not paid installments. now my worry is he deposited all my 5 check given to him 3 year back nd it returned not-paid. if he files ni138 case for me, can i argue given check as a security only? thanks sir for all sugestion.


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