Ashish Joshi 02 May 2025

Cheque deposited and got bounced

Dear Sir

I gave cheque to help my friend for his financial situation is not good and wanted to get his daughter's go abroad.

Have informed him to notify me before cheque deposit so that I can manage my fund. He deliberately deposited cheque and the same got dishonoured.

Seeing things are getting in his favour as per 138 act, he is now threating me to give him money else will lead me to court for litigations and making case.

Seeking necessary and proactive steps what to do before he file legal action.

Regards

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4 Replies

M.Sheik Mohammed Ali (advocate) 02 May 2025

what you stated in the query, as it is version you send precaution notice to him

T. Kalaiselvan, Advocate (Advocate) 03 May 2025

He cannot claim the cheque amount without giving you legal notice.

If you receive the notice you can firmly refuse to admit his allegations and demand him to return the cheque.

P. Venu (Advocate) 06 May 2025

What do you mean by "Seeing things are getting in his favour as per 138 act, he is now threating me to give him money else will lead me to court for litigations and making case"?

facts posted suggest that there was no legally enforceable debt. As such, the provisions of Section 138 of the NI Act are of no application.

Further, he needs to issue a legal notice before invoking the provisions. In such eventuality, you can reply to the Notice bringing the truth on record.