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Rahul (Director)     28 August 2014

Cheque bounce/stop case

Hi Everyone,

My name is Rahul Jaiswal.I have an HR consulting business. Before starting this business I was into event management.At that time I had given a cheque to one of my vendors as an advance payment for an event we were going to start. But due to some reason, we didn't start that event.
In that case, I had to stop the cheque I gave to that vendor, but he filed a case against me for Cheque bounce.
My lawyer says that I will have to pay me him the amount mentioned in the cheque and there is no other way.

Can anyone guide me How to go about this case?

I would really appreciate your reply.



Learning

 3 Replies

arvind (advocate)     28 August 2014

Rahul, Before filing the cheque bounce case, your vendor would have issued a legal notice to you demanding payment under the bounced cheque.Did you give a Reply Notice stating the relevant facts and denying your liability to pay under the cheque? If you have done so, then your lawyer must produce it in the Court and free you from the case. If you have not given such a Reply notice then had you atleast given a Covering Letter to the Vendor while issuing the cheque explaining the circumstance under which the cheque must be encashed in the future after performance of the required service from him. Even that Letter can be produced. And is there any proof to show that the event was cancelled and the Vendor was not called upon to perform his service. Even those documents would be helpful. But all this will take time under normal Court procedures. You will have to face it.

If you have none of the above documents, then your case of the story is going to be difficult to prove and you might have to end up paying the cheque amount.

Manish (Proprietor)     29 August 2014

If the consideration is made as and advance and if the same event is cancelled thn you prove it before magistrates court. You will b acquitted.

R Trivedi (advocate.dma@gmail.com)     29 August 2014

what does he say in the complaint about liability ?? That is important, if he says it was an advance cheque and the work was not done, then it is the civil liability not the criminal.


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