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Wish Hut   23 September 2018

Cheque theft and bounce case

Dear Sir,
My ex gf stole a cheque book leaflet from my place and put it for clearance which got bounced as insufficient funds. Now I have got a legal notice saying I need to pay 9 lakhs within 15days. As we were in relationship for many years, we have many fund transfers, cash and online as well. She has gifted me many times and helped me and so as I. I haven't taken any loan with any agreement or terms and conditions. We have helped each other. Now she has sent me a notice mentioning me as a good friend and told that she has given me loan of said amount. How can i defend my case? I haven't issued any cheques to her for payment neither I had any legal agreement for loan.



Learning

 26 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

Lodge police complaint against her for stealing your signed cheque-book but chances to avoid from the amended Act are remote. Better to make compromise with her out of court.
1 Like

Wish Hut   23 September 2018

Can anyone reply please?

Wish Hut   23 September 2018

Thank you Mr. Makkad. Can the expenses done in a relationship be termed as loan? We both spend money on each other during our relationship. I have filed a fir on the day when I got sms from bank saying cheque has been dishonored.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

As live in relationship is now valid so incurring expenses/household issues do not come within the ambit of loan.
1 Like

Wish Hut   23 September 2018

I know few people with whom the girl has discussed about the cheque she has and her plan to bounce it to trap me. Can I use them in court as witness? Will it be a strong proof?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

Sure. It shall definitely strengthen your case. You shouls also make them witnesses in police case also.
1 Like

Wish Hut   23 September 2018

Also there was a call recording where she was discussing same to one one a lawyer. I somehow deleted it but can we ask the court to allow to have that recording to be used.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

Audio recording can definitely be used but a certification is required certifying that tje same is the original voice of the person and no change has been made thereto in the recording.

(Guest)

How did you get into all this mess?

Wish Hut   23 September 2018

She took cheque book from my place and then I got screwed

G.L.N. Prasad (Retired employee.)     24 September 2018

It is very difficult to establish that a signed cheque was stolen and it is better to get a compromise as many sensitive issue may come into light during proceedings in court that may not be favourable to you.  

1 Like

Wish Hut   24 September 2018

How can she prove that I have taken loan from her if I don't have any legal agreement or undertaking? Can't I prove that I don't have any liability to pay her that amount.

G.L.N. Prasad (Retired employee.)     24 September 2018

The Burden of proof is on you that issued a cheque and not on her as the presumption in Negotiable instrument Act is that an instrument is given for valid consideration.

1 Like

Wish Hut   24 September 2018

How can i prove that I have not issued her cheque rather she used it without my permission and authority?

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