Cheque bounce case

i issued  7 post dated cheques to a vendor, since he needed for security purpose , he stopped the supplies half way,   has got 3 post dated cheques, requested him to return the same , he didnt not, i gave my bank the instruction for stop payment, after few month he deposited remain cheques, has accused me of  nic 138, what remedies do i have , since i dont have liabilty on him, cheques were given for security reasons.

Kindly advice. 

Dear Amu,

There must be legal due debt against you and in favour of complainant vendor. you must have sought the legal advice earlier now you have no other alternative but to contest a case.

Rajiv Bhasin

Advocate

bhasin.laws@yahoo.com

9811210505

Thank Mr Bhasin for the reply, there is no evidence of liablity , no supply therefore request him to returns cheque. 4 heques were cleared since supply was done from his end.

That dont favour the compliant. 

Cheque law is a technical law and it presumes your liability since the cheque was from your account and it is bounced for want of funds.

 

The case is not for recovery but conviction so you should take proper care for contesting the case.

 

With proper legal steps cheque cases can be won but not on such arguments that it was secuirty cheque or blank cheque. Courts can not believe your word only. You have to produce reliable evidence.

Since you dont have any liability or demand at this point to make payment to vendor . The cheque deposits stands in valid you need to contest your case carefully. Your case seems to be strong  but still need to throw some more light on the said matter .

Regards,

Adv. NIKHIL SETH

Mumbai.

it is the case of complainant, what you did in your defense? it is more important. you must file a criminal complaint against that person or firm for misusing the cheques.

thanks for all your valuable reply....... please let me know , can i take defense step now   since i got the court notice to appear.....the total  amount for three cheques is small of  about rs 15000 ..... compliant is playing games......can i  go for application for compounding ....since i shall consuming my valuable time...energy...for such a small amount. would be extra extra careful for my future transaction ...learned a lesson.

 What are other compromise options that i can apporach.

please advice

Dear Amu, Don't do as wrongly advised by Mr. Vikram. Burden of proving the facts shift upon you and you will be convicted. There must be some correspondence between you and supplier about the security cheques. Please check all correspondence there must be even whisper of all dealings and accounts settlement or balance confirmation from both sides. all this will help you. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

Dear Amu, Your reply was not posted, when i was giving my reply. Attend the court and pay Rs. 15000/- cash and request the court before making payment that you want to pay all the amount and case be compunded. Magistrate would do that. In future take the acknowledgement or letter from the supplier that they have recieved the blank cheques as security with undertaking unless and untill there is a liability which is more thant 3-4 months old they won't present these cheques. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

thanks for all your valuable reply....... please let me know , can i take defense step now   since i got the court notice to appear.....the total  amount for three cheques is small of  about rs 15000 ..... compliant is playing games......can i  go for application for compounding ....since i shall consuming my valuable time...energy...for such a small amount. would be extra extra careful for my future transaction ...learned a lesson.

please advice.