cheque deposited by complainant fraudulently


Dear All,

I had issued 3 cheques in 2007 of Rs.2500/- each with out writing the name and date on the cheques to facilitate the owner to deposit a cheque every month, when ever he is not able to collect the rental amount personally from me in cash.

While leaving his rental house, i asked to give back the unused cheque, which he told me that he has lost. I issued ‘STOP PAYMENT’ for all these 3 cheques after leaving his house. He has also not made any agreement with me inspite of repeated request (I stayed in house for 4 years) and did not give me back my deposit amount of Rs.40,000/-.

I was staying on rental house at santacruz and left the house in april, 2008 and shifted to kandivali. I had taken admission of son and daughter in april, 2008.

Now, on 25th September, 2008 he has deposited all the three cheques of Rs.2500/- each which got bounced.

Now he has filed case against me under negotiable instrument act.

Please guide, what to do and how to give justification in the court.

 

 
Reply   
 
Publishers

It seems that there is no legal liability. Whatever you have stated I think that would be sufficient to rebut the initial presumption. Not it would be for the complainant to prove the liability.

 
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Advocate

Sanjeev sir is right, but all what you have stated you have to prove by evidence in the court
 
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SR. MANAGER-ERP FI

When you receive notice did you ever reply it or not?

 
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