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mohammad shujatullah (senior tax advisor)     17 July 2012

Cheque bounce

A friend of my client has given loan of Rs. 4.5 lacs to my client,After lapse of 3 years that person collected cheques from him(my client) and entered an amount of Rs.40.00lacs,the same was presented to Bank, the cheques were bounced due to insufficient Balance.Now that fellow has served notice u/s 138 of N I act,asking to pay the amount.

My question is that whether a false amount can be collected from my client?Is there  any provision by which Court can ask the loanee to prove when,why and how he has paid such a huge amount.Whether 269 ss of Income Tax act,be taken into account,wherein Rs.20000/-and more should be given in shape of instrument (loan).

Kindly confirm what will be the remedy for such a situation.



Learning

 5 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 July 2012

yes you have available these defenses but you have to contest the case in lower court properly.

Amrit Kumar (Anmol International)     17 July 2012

I m accused Prop of Anmol International isshued two cheques to the party 1)100000-00 2)40000-00
as advances but he did not supplied mattial mean time both cheques had been bounced becouse thier in no balance
in my bank a/c but alread my balance is lying as advance Rs.41780.
 
 on failer both cheques amonting Rs.140000-00 B M Metal sent me notice for Rs. 140000-00 through advocate
In reply of the notice i said that already Rs.41780-00 with him which he laible paid to me as per acconts books
of his firm.

but at last he put the pattition on me for cheque amount Rs140000-00 in words of B M Metal thr matrial had been
supplied  to accused without bill (is this transaction illegal or legal)but complaitant admited in his witness
he is liable to be pay Rs.41780 to accused as per his a/c books , copy of a/c attached which shown Rs.41780 to
be paid by me to accused. 

my firm anmol International had been dealing with B M Metal since 2005.both praties use to maintain  a/c books
cash book and ledger,All the trasaction of payments through only cheques only.

complaintant could not proove the laiblity on me legaly ,I think so without bill matirial sale is illegal trasaction
  

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Amrit Kumar (Anmol International)     17 July 2012

I m accused Prop of Anmol International isshued two cheques to the party 1)100000-00 2)40000-00
as advances but he did not supplied mattial mean time both cheques had been bounced becouse thier in no balance
in my bank a/c but alread my balance is lying as advance Rs.41780.
 
 on failer both cheques amonting Rs.140000-00 B M Metal sent me notice for Rs. 140000-00 through advocate
In reply of the notice i said that already Rs.41780-00 with him which he laible paid to me as per acconts books
of his firm.

but at last he put the pattition on me for cheque amount Rs140000-00 in words of B M Metal thr matrial had been
supplied  to accused without bill (is this transaction illegal or legal)but complaitant admited in his witness
he is liable to be pay Rs.41780 to accused as per his a/c books , copy of a/c attached which shown Rs.41780 to
be paid by me to accused. 

my firm anmol International had been dealing with B M Metal since 2005.both praties use to maintain  a/c books
cash book and ledger,All the trasaction of payments through only cheques only.

complaintant could not proove the laiblity on me legaly ,I think so without bill matirial sale is illegal trasaction
  

 I m accused Prop of Anmol International isshued two cheques to the party 1)100000-00 2)40000-00
as advances but he did not supplied mattial mean time both cheques had been bounced becouse thier in no balance
in my bank a/c but alread my balance is lying as advance Rs.41780.
 
 on failer both cheques amonting Rs.140000-00 B M Metal sent me notice for Rs. 140000-00 through advocate
In reply of the notice i said that already Rs.41780-00 with him which he laible paid to me as per acconts books
of his firm.

but at last he put the pattition on me for cheque amount Rs140000-00 in words of B M Metal thr matrial had been
supplied  to accused without bill (is this transaction illegal or legal)but complaitant admited in his witness
he is liable to be pay Rs.41780 to accused as per his a/c books , copy of a/c attached which shown Rs.41780 to
be paid by me to accused. 

my firm anmol International had been dealing with B M Metal since 2005.both praties use to maintain  a/c books
cash book and ledger,All the trasaction of payments through only cheques only.

complaintant could not proove the laiblity on me legaly ,I think so without bill matirial sale is illegal trasaction
  

 

Amrit Kumar (Anmol International)     17 July 2012

I m accused Prop of Anmol International isshued two cheques to the party 1)100000-00 2)40000-00
as advances but he did not supplied mattial mean time both cheques had been bounced becouse thier in no balance
in my bank a/c but alread my balance is lying as advance Rs.41780.
 
 on failer both cheques amonting Rs.140000-00 B M Metal sent me notice for Rs. 140000-00 through advocate
In reply of the notice i said that already Rs.41780-00 with him which he laible paid to me as per acconts books
of his firm.

but at last he put the pattition on me for cheque amount Rs140000-00 in words of B M Metal thr matrial had been
supplied  to accused without bill (is this transaction illegal or legal)but complaitant admited in his witness
he is liable to be pay Rs.41780 to accused as per his a/c books , copy of a/c attached which shown Rs.41780 to
be paid by me to accused. 

my firm anmol International had been dealing with B M Metal since 2005.both praties use to maintain  a/c books
cash book and ledger,All the trasaction of payments through only cheques only.

complaintant could not proove the laiblity on me legaly ,I think so without bill matirial sale is illegal trasaction
  

 I m accused Prop of Anmol International isshued two cheques to the party 1)100000-00 2)40000-00
as advances but he did not supplied mattial mean time both cheques had been bounced becouse thier in no balance
in my bank a/c but alread my balance is lying as advance Rs.41780.
 
 on failer both cheques amonting Rs.140000-00 B M Metal sent me notice for Rs. 140000-00 through advocate
In reply of the notice i said that already Rs.41780-00 with him which he laible paid to me as per acconts books
of his firm.

but at last he put the pattition on me for cheque amount Rs140000-00 in words of B M Metal thr matrial had been
supplied  to accused without bill (is this transaction illegal or legal)but complaitant admited in his witness
he is liable to be pay Rs.41780 to accused as per his a/c books , copy of a/c attached which shown Rs.41780 to
be paid by me to accused. 

my firm anmol International had been dealing with B M Metal since 2005.both praties use to maintain  a/c books
cash book and ledger,All the trasaction of payments through only cheques only.

complaintant could not proove the laiblity on me legaly ,I think so without bill matirial sale is illegal trasaction
  

 

R Trivedi (advocate.dma@gmail.com)     19 July 2012

Please let us know about the financial strength of complainant. Is he financially equipped to give the loan of Rs. 40 Lacs ?? Any loan papers ?? Cheque issue date ?? shape of cheque when given ?? Date of cheque ?? Bounce Date ?? Prsent status of the case ??


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