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sai priya   08 November 2018

cheque bounce case

when will the petitioner will be called to court for first hearing after filing case for cheque bounce case.. how many days will it take? Pls help


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 8 Replies

Suri.Sravan Kumar (senior)     09 November 2018

if u have counsel ask him if not ask the section people of the court

sai priya   09 November 2018

ha OK thank q

P. Venu (Advocate)     09 November 2018

You have not posted the facts at all!

sai priya   09 November 2018

already case gng on in court as lady took 6 Lakhs as liability paid interest for 3 months n after Dt no interest and and returning actual amount. it's been 3 years now this year filed case on her have her promissory note and cheques now she gave written statement from her lawyer stating d documents produced in court is fraud ani so my lawyer said to deposit cheque and file a cheque bounce case. by this v can show court d proof of taking money..will this work out..help me process of cheque bounce case

Dr J C Vashista (Advocate)     10 November 2018

1. SMS language, unable to follow you. What do you save in writing such a language to the experts who are obliging you ?

2. Whether you are complainant or accused, vague / you did not mention ?

3. What is the opinion / advise of your lawyer ? 

manoj   10 November 2018

As per your query, cheque is supported with promissory note as proof.  In a recent decision as opined by Apex Court states that  "Under Section 118(a) of the Negotiable Instruments Act, the court is obliged to presume, until the contrary is proved, that the promissory note was made for consideration. It is also a settled position that the initial burden in this regard lies on the defendant to prove the non-existence of consideration by bringing on record such facts and circumstances which would lead the Court to believe the non-existence of the  consideration either by direct evidence or by preponderance of probabilities showing that the existence of consideration was improbable, doubtful or illegal. ..." If you want I will provide Judgment. Without any dout you can proceed your case.

 

THE ROCKING LAWYER

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

 

 

1 Like

sai priya   10 November 2018

Respected Dr J C Vashista

Thank you for the reply maam
I am the complainant..i want advice that what is the process of cheque bounce case ma'am..??
since my case is going on in civil court on the accused person who took 6 lakhs but not returned till now.. it's been 3 years so filed case this April.

sai priya   10 November 2018

Thank you Manoj sir for the reply. yes I want judgment sir Please help me in providing. can we contact on your mobile number

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