Cheque bounce case


In a case now, Complainant has only cheque returned, return memo from Bank, legal notice issued duly acknowledged. Promissory note given by the party is not available (returned on receipt of cheque). Filed case in the Court. In the absence of Promissory note, what are the chances of succeeding.
How to go about. Kindly advise.

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Original cheque, original Cheque return memo and legal/demand notice is enough to proceed u/s 138 NI Act as Sec 139 provides for presumption. Promissory note is not mandatory.
 
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ha21@rediffmail.com Mumbai : 9820174108

1. "IF" loaned /advanced amount was duly given via Cheque /Bank Transfer, THEN appropriate amount debit confirmation certificate of complainant's Bank would be sufficient to constitute "legally enforceable debt /liability" of accused, alongwith other relevant witnesses and/or documentary evidences.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

 
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Thank you, Kaushik and Hemant sirs
 
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Lawyer

The complaint case is already stated to have been filed under the provisions of section 138 of the Negotiable Instrucments Act, 1881 qua dishonour of cheque, which is to be contested by accused.

What is the relevance of "Promissiory Note" with dishounered cheque complaint?

 
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Retired employee.

The burden of proof in any negotiable instrument like cheque is always with the drawer, and he has to establish that the cheque was not supported by any consideration.  Ultimately the case has to be handled by a professional and he will guide you in legal aspects after studying the facts and available documentary proof.  The chances of getting a favourable verdict in favor of the payee. are more if it is a bonafide transaction.

 
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what is the time period to decide(approximately) by court suit filed under NIA?
 
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Thank you Vashistha and Prasad, Sirs
 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Santfff Santfff
what is the time period to decide(approximately) by court suit filed under NIA?

THIS will remain uncertain, more so specifically in the Indian Judiciary system.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

 

 
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Thank you for your time and valuable suggestions.

 
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