LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sanjay (sales)     25 August 2010

cheque bounce

Dear all,

I was working as a consultant ( not on pay roll ) in a company in delhi and the company  was negotiating with a landlord in jullundhur.

The company intended to set up an office for 2 months in feb / march 2010 and if the operations wre successful, they would enter into lease agreement with the landlord .

The  landlord was not given any advance and the broker asked me to give a  personal cheque dt. april, 2010 which he used to  convicne landlord that company will give advance and security deposit in april, 2010 and handed over my cheque to the landlord.


The company decided not to continue from april, 2010 and the landlord insisted on me paying  rent for 3 months and banked my cheque without informing me which got returned.  he has now filed a case  under negotiable instruments act  against me .

what is legal remedy available to me  - today , on 25th august, 2010  I just recd. a small letter from court asking me to be present on 18th august, 2010 in a court in Jullundhur a date which is already over .

I had no agreement with the landlord and nor was I liable to pay any amount to landlord - he is blackmailing me using my cheque which the broker handed over to him and asking me to pay the money on behalf of the company .

please suggest what can I do .






 6 Replies

Rajeev kulshreshtha (advocate)     26 August 2010

You have to face the trial. In that case first of all the complainant have to prove legally enforceable  debt or liability against you . you can take the defence as the cheque was given blank as security. you shall win please hire a lawyer having good knowledge in cheque bouncing cases.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 August 2010

Appear in the court and if the date is over appear on next date which you can find from court.

You have a valid defense , just take care.

The cheque laws are stringent but they have to comply with various requirements  and hence not won by the complainant but lost by the accused due to fear, guilt complex and carelessness at initial stages.

Jeetendra singh (Advocate)     26 August 2010

Have you received a legal notice before getting the court's summon?

sanjay (sales)     28 August 2010

No, I did not receive any notice .

nitish neilesh sanga (lawyer)     28 August 2010

1. kindly appear before the court and file the bail application.

2. thereafter face the trial before the court below.

3. land lord have to prove the legaly enforceable debts and liability as per N.I. Act.

4. defence himself on the ground that the security deposits cheques are not came within the purview of 138 N.I.Act

Chiranjiva Ranjan (Advocate and Tax Consultant)     28 August 2010

You may also  move before the Hon'ble High court for quashing the complaint Peition itself under 482 Cr.P.C.

Chiranjiva Ranjan

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query