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dinesh don   12 April 2024

Cheque bounce

I have a signed blank cheque and I don't have proper sale invoice. The cheque owner doesn't have any money and asset too. If i file a cheque bounce case. Is it possible to recover the money? 


 7 Replies

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

The cheque bounce case can be filed if the cheque given for legally liable debt has been dishonored by bank for valid reason attracting cheque bounce offence.


1 Like

Advocate Bhartesh goyal (advocate)     13 April 2024

In cheque bouncing case, punishment of imprisonment and fine  is awarded if guilt of accused is proved ,For recovery of cheque amount you have to file civil recovery suit.

1 Like

Dr. J C Vashista (Advocate )     13 April 2024

Blank signed cheque has been issued against which dues i.e., sale of goods or services or some other legally recoverable debt against the drawer to attract the provisions of Section 138 of the Negotiable Instruments Act, 1881 and explain / advise and oblige you qua your query for fine and/or punishment provided in law?

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dinesh don   13 April 2024

Blank signed cheque issued for sale of gold jewelry . But I don't have proper sale gst invoice for that. 

T. Kalaiselvan, Advocate (Advocate)     13 April 2024

If the signature of the drawer in the cheque has not been denied then he is liable for the payment of the cheque amount.

You may in addition gather evidence for the transaction for which this cheque was issued by the drawer. 

1 Like

Advocate Bhartesh goyal (advocate)     13 April 2024

You have to prove by cogent evidence that cheque has been issued towards discharge of legally enforceable debt or liability, It appears that you have no such evidence merely admission of signature on cheque Is not sufficient to prove that cheque was issued to discharge the lawful  debt or liability. 

1 Like

Sudhir Kumar, Advocate (Advocate)     14 April 2024

If he does no have assetts he can go to jail but you may not be ableto recovere.

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