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malaika   22 July 2019

Cheque bounce

Sir

I was given a consultancy services cheque for 10 lakhs

I only took the cheque with no agreement signed as for what purpose it was given

I passed the cheque after the work was completed and it bounced...

I sent a legal.notice to the issuer claiming only 5 lalhs of the cheque who in turn did not respond...

Iv misplaced the cheque but I have the bank statement as proof of the cheque bounced...

Can I file a 138 case in these circumstances



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 July 2019

yes. you can. you have to produce cheque later

G.L.N. Prasad (Retired employee.)     23 July 2019

Contact your banker as to the possibility of getting a certified copy of such cheque as technology has brought developments and they may provide that cheque as a certified copy.  I am not sure but there is a possibility.

Sudhir Kumar, Advocate (Advocate)     24 July 2019

The cheque was for Rs 10 lakh and you are claiming only Rs 5 lakh.

 

That menas that the issuer of the cheque never owed you  Rs 10 lakh and you were only "holder" and not "holder in due course" of the cheque which is bounced. 

If the cheque was only for Rs 5 lakhs (as claimed by your)  or you had claimed Rs 10 lakh then you were "holder in due course".

In such case it is least propbable whether at all you can succeed in the case u/s 138

Sudhir Kumar, Advocate (Advocate)     24 July 2019

Even if the case u/s 138 could be maintaibalbe yet it is also not clear

  1. when the cheque bounced and
  2. when you sent the notice and
  3. since when the respondent did not respond.

 

Therefore it is not possible to comment whether the action u/s 138 is time barred or not.

It is also not possioble if the civil suit is time barred or not.

Sudhir Kumar, Advocate (Advocate)     24 July 2019

Now feasibility of criminal case of cheating.

 

your bak statement is only collateral evidence.  Primary evidence is the cheque which is issued without the intention of making payment. You have already lost the same.

 

But you had admitted that your claim was only for Rs 5 lakh so  the feasibility of recoil cannot be ruled out as you obtained dcheque of Rs 10 lakhs.  You have given them licese that you should be paid nothing.

Sudhir Kumar, Advocate (Advocate)     24 July 2019

Better meet a lawyer with all papers.


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