joganadna mallick (dy.manager) 29 August 2010

cheque bounce

I am working in a nationalised bank.I proposed to purchase a land near Puri.The person who is a customer of the bank was negotiating for the plot.I have also seen the land.By the mean time I have been transfered from that branch and posted in a branch 200 km away from Puri.The person who was negotiating the the plot told me about the land..As I had no money I denied to purchase the land.He however told me to arrange finance for me and told to sign a document.In good faith I signed the document and also put signature in a blank paper over the revenue stamp.He also told me to give two blank cheques as security.As per his instruction,I hand over two signed blank cheques to him.Thereafter,I heard from the reliable source that the land is in dispute.I therefore refused to purchase the land.I told over telephone to return the blank cheque and the document.He told that as your are not interested I am destroying the cheques and documents.However,I stopped the payment of the cheques I have given.After some days,I transfered from the said branch.By the mean time that person presented the cheques through his banker and the cheques were returned with remarK " PAYMENT STOPPED BY THE DRAWER'. But he lodged a case under NI Act in SDJM,Puri.

Can you suggest:

1.How can I get rid of the case

2.Is there any law to stop this type of harassment

Reply Follow

4 Replies

(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251, 9960223100

e.mail adv.nbsawant@yahoo.co.in

email.nandkumarbs@sify.com

REGARDING CHEQUE DISHONOUR CASE KINDLY NOTE THAT.

1.YOU HAVE TO APPEAR IN THE COURT AND DEFEND YOUR CASE.YOU HAVE TO SUBMIT SURETY DOCUMENTS AND FILE A DISCHARGE APPLICATION MENTIONING ALL FACTS OF THE CASE AND BLANK CHEQUES AND BLANK RECEIPTS.YOU WILL SUCCEED.

2.YOU MAY ALSO FILE A WRIT PETITION IN THE HIGH COURT FOR QUASHING THE FALSE CASE AGAINST YOU.YOU WILL SUCCEED.

YOU MAY WRITE OR CALL / SEND SMS AND SEND DETAILS AND COPIES OF CASE BY E.MAIL.WILL HELP YOU.

WITH BEST RGARDS TO YOU YOUR FAMILY AND FRIENDS.

GOOD LUCK.

nitish neilesh sanga (lawyer) 29 August 2010

cheque issued for security deposit is not come within the purview of 138 n.i. act

file the discharge petition before the same magistrate court or file the quashing application before the High court u/s 482 of the crpc

Adesh Kumar Sharma (Senior Associate Lawyer) 06 September 2010

Well Friend,

you hav committed a grave mistake while trusting on the word of that person that he wud destroy the Cheques and other documents. wot you cud hav done, you cud hv sent notice to that person to return the cheques and other documents as well. And if he did not turn up to the notice, you cud make a complaint before the police and cud file a suit for declaration. But now you can not avail all those remedies as stage is over.

Wot you can do, engage a good lawyer having good command over the law in issue. Now come up to your plea as you are saying that you issued the cheques as security. First of all you have to prove it that the cheque were given as security, as it is matter of fact and can be proved under trial. So don't go for quashing directly unless you are able to prove that the cheques were given as security. Only making averment regarding security cheque wud not help you out. You hav to face the trial and prove that the cheques were given as security. If you made any correspondence regarding issueance of cheques and return thereof, it wud help you out in trial to prove that the cheques were given as security.

I wud suggest you to engage a good lawyer, rest eveyone is intelligent enough.

Thanks

K.Ramachandra Rao (advocate) 15 August 2012

we have entered into a MoU with a condition precedent that party A should convey landed property without consideration to party B and a civil case pending before district court should also be withdrawn then only post dated cheques 19 in number handed over at the time of MoU by party B should be honoured.

But the property was conveyed only by taking consideration by party A. Then the Party B instructed the bank to stop payment. Later Party A filed cheque bounce case against the party B. Does the cheque bounce case has any legal enforceability as there is no existing debt or liability.

Does party B can get quash in such a cheque bounce case? please give me the advice.