Piyush Upadhyay (self employed) 28 January 2014

Defense in cheque bounce

I am going through a great amount of mental tension because of the ongoing problems.

Problems began when I started a BPO company with a person, whom I didn't know much.

Our company was not registered than, I used to issue cheques from my savings account because my partner said he didn't have any cheques from his bank.

I issued more than 15 cheques from my side, he used to to deposit his half to cover the amount of the cheque.

But it all stopped in october and the burden came on me, since they were cheques issued by me only. I gradually paid more than 5 lacs from my side to erase the chapters.

What i didn't know that he has given my cheque to even a Ration wala now he calls me and threatens me for lawsuit. though the amount is not that big only about 15000 INR but I dont want to pay because I was no where involved in that. I have already stopped the cheque from the bank but I don't the process of moving further.

The cheque is still valid.

I am in such a mental tension because of these ongoing things. please let me know what can I do to defend myself

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3 Replies

Avadhesh Paliwal (advocate) 28 January 2014

first immidiattely inform the the bank to stop that chequbook paymennt which you mention there is a standing instruction in your account and suit a case against

your freind 420 in the court and claim for compensation for that

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 28 January 2014

1. Lodge a Police complaint against the Ration'wala, for intimidating, threatening and cheating you of the false cheque. The statement of the Ration'wala will be recorded by the police and mostly all things will be set right.

2. Also file criminal complaint against your BPO partner for cheating you.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

adv.raghavan (Advocate,9444674980) 28 January 2014

1,Try to reach all creditors and explain your position.2, In your case creditors are suppose to sue the firm and the partners who are in charge of day to day affairs of the firm. 3, Never take a position to issue stop payment of cheques issued ,as it also attracts section 138 of negotiable instrument act.In this regard kindly refer Bombay high court judegment"

If due to stopping of payment a cheque is dishonoured, that case is also covered under Section 138 of the Negotiable Instruments Act, if other requirements of that Section are complied with. This is settled position of law," Justice TV Nalawade observed while citing a Supreme Court verdict.