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Cheque bounce case between brother and sister

Page no : 2

K.K.Ganguly (Advocate)     27 April 2012

I have already informed  " Your brother has to prove that you had issued him the cheque towards your dischargeable liability.". Loan is a dischargeable liability which your brother has to prove.

 

The Complainant can file anything he likes but without any proof his complaints will not be accepted. 

Curious Sam (Manager)     28 April 2012

Dear Mr. Ganguly,

 

By accepted you mean that the case will not be tried? Because, the case has already been successfully filed, without presenting any evidence of loan.

sri (ceo)     28 April 2012

its money... not rocket science...

she wants to grab under garb of gift...

he wants to fix her under loan liability...

Anil Agrawal (Retired)     19 May 2012

1. Date of cheque.

2. Date of notice.

3. Date of your reply.

4. Date of filing comjplaint,l if any.

5. Did your brother ever give you money by cheque?

Sunil (Manager)     19 May 2012

no money was ever given.  the dates are all correct, beacuse the case has been filed.

R Trivedi (advocate.dma@gmail.com)     24 May 2012

Brother wants the sister to get convicted and go to jail !!

 

Sounds quite unbrotherly !!!  something more than what is just stated.. 

K.K.Ganguly (Advocate)     24 May 2012

Not accepted means it will not be accepted by Law. Your brother may file the case but will not be able to prove before the Court that the cheque was issued against any of your dischargeable liabilities on him. Hence, the case will be didmissed. Contact a good lawyer to contest the case.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     25 May 2012

u had not recd notice yet. 

u r ready to pay ur brother, as  cheque bounced as u did not arrange and mis calculation. 

Under the circumstances, the moment you receive notice, you can pay by DD/ Pay Order the amt of cheque and the matter is over. 

 

"""You says now ""My brother has not given me any money"""

Earier you said **"My brother has given me cash, in the past, for more than one lakh and some gifts in the form of cheques also."""

You do not contradict your own statements. 

In fact you have no problem : No notice/ no court case/ Gift or Loan, cheque is issued by you. 

v.lakshminarayanan (prop)     30 September 2012

dear member

there has to be a definite liability to win a conviction under sec 138. see if there is any thing written between you and your brother about any dealings.

if there is none, then you are on a strong ground. in my view, a cheque issued as a gift, does not come within the ambit of section 138.

thanks

yours

v.lakshminarayanan

palani 


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