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Ankit @mka.asr (Prop)     31 July 2011

False cheque bouncing case


I am facing false case of Cheque bouncing since last 6 years.
Cheque was produced in my bank on 4th March 2005 and date mentioned on Memo of cheque bouncing is 3rd March 2005.  The lawyer of petitioner is saying that its clerical mistake by bank. Is it small thing ?
I do not have business or family relationship with petitioner and he is clamining that he has given me friendly loan for construction of my office ( address is mentioned in petition) . I have rented office property. For interior work of my office i have taken personal loan from any other bank and have repayed total loan amount also.
Kindly advice


 16 Replies

adv. rajeev ( rajoo ) (practicing advocate)     31 July 2011

First complainant has to prove he lent a money and clerical mistake cannot  be rectified.  You have a good case.

prashant pundhir (Criminal Lawyer)     31 July 2011

According to compainant "mistake is clerical " .Did he complain for about it to the bank officials ?

What is the stage of your case ?Is it at the stage of 244or245or246cr.p.c. as the perfect advise can be given only as per the stage of your case .So tell earliest .

Ankit @mka.asr (Prop)     31 July 2011

Dear Sir,

Please check full details of my case as below,


1. In 2005 i have given 1 cheque to friend of my brother. Actually this postdated cheque was given by me as security. But later i returned money to him after 3-4 days as i changed my mind to purchase plot.
I gave back said amount in the shape of cash to person and asked for return of my cheque. He told me that cheque is misplaced somewhere. But later after 3 months he had sent me notice from Lawyer to claim 1 lac( which he already got from me). I didn't receive notice. Later he sent us registered post and we received it.
2.When that person told me that cheque is lost then i gave application to Banak Manager for stop payment of full series of 10 cheques although i gave him 1 cheque only. I have never used rest 9 cheques after that. I have that Stop Payment certificate issued by Bank Manager, Statement showing bank charges for stop payment of 10 cheques also.
3. Cheque was produced in my bank on 4th March 2005 date mentioned on Memo of cheque bouncing is 3rd March 2005.  The lawyer of petitioner is saying that its clerical mistake by bank.
4. Petitioner is claiming this amount as according to him this money was given to me as Friendly loan to construct my office (office address mentioned ). My office is rented property and i am not ownwer of the property.
5. After 6 years in 2011 bank officer has come for witness ( after almost 15 summons by judge) . He said that when bank gets cheque from party then ist they check funds in account. If its short of funds then they tick 1. Short of funds 2. Stop payment (in my case). But bank didn't tick Stop payment clause in Memo.
6. Petitioner has admitted in his statement that he knows one bank official ( my bank branch) and that bank official has business relationship with him.
I have given my written statement and now Lawyer of petitioner will cross question me in next date.
I need your valuable advice to prepare myself for next date so that i can answer properly to lawyer of petitioner.

Hemant Agarwal ( Mumbai : 9820174108)     02 August 2011

for "ankit" :

1.  "Friendly loan"  is not covered under the ambit of "legally enforceable debt or liability"

2.  "Security cheque" is not covered under the ambit of "legally enforceable debt or liability"

Post-dated or clerical mistakes or stop-payments or whatever are totally irrelevant, If the complainant cannot prove that the amount due is a "legally enforceable debt or liability"

3.  Ask for the following documents : (from the complainant)
a)  Loan papers/agreement from the complainant, bearing your signature
b)  Complainant's bank statement showing debit of loan amount to your name
c)  Ask all his income Tax return & schedules, for all years wherein loan amount is shown as outstanding in your name.  Definetly do Summon the ward Income Tax officer in court, for colloborating the income tax returns of the complainant
d)  produce your own bank statement for the said period showing that there is no entry of the loan amount taken from the complainant
e)  produce all your own income tax returns, showing that there is no outstanding amount payable to the complainant

4.  IF the complainant cannot produce all the above (a,b,c), THEN the case will have to be dismissed as false & frivilous, since such transaction will not come under the N.I.Act and is certainly not a  "legally enforceable debt or liability".

Keep Smiling .... Hemant Agarwal

vijay (Advocate)     02 August 2011

I do agree with mR. Rajoo, the burden to prove the cheque is issued against the repayment of loan amount is on the complainant & Clerical mistake can not be rectified. you a good defencive case.

Ankit @mka.asr (Prop)     04 August 2011

Dear Mr Hemant Aggarwal,

Complainant didn't submit any evidence like loan agreement paper etc in court. I have seen his bank statement through my sources in his bank. The balance in his account was only Rs4000/-. Even he was was showing Rs 12000/- per month income to IT deptt. Complainant didn't mention Loan agreement date or when he gave me loan. According to his statement in court he gave me Friendly loan for Construction of my office. I have rented office space and interior was done by taking loan from other bank and that too in the name of my brother( who is my business partner also)

anonym (law)     15 August 2011

Hi Ankit,

I read your problem. I am facing a similar situation wherein I have been falsely accused in a loan by my friend who misused my cheques.
I would like to advice u on a few things which I learnt during my case:

1. ACT IN TIME. Starting from the first legal notice. Time lost due to carelessness/ignorance makes even a strong case weak.

2. Choose a good lawyer: Hire a good lawyer BUT diligently pursue the case personally. ITS YOUR LIFE. YOU HAVE TO MONITOR. DO NOT LEAVE IT TO HIM(EVEN IF HE INSISTS THAT YOU CAN NOW REST PEACEFULLY....AND ALL).

3. Do all the applications in the right manner and format(which your lawyer will do but you have to keep a tab). If you think your lawyer is not doing it properly..DONT HESITATE TO CHANGE but before that consult someone who knows you are doing the right thing. You will come to know during the process.

4.  Do not hide any facts from your lawyer. Good or Bad..tell everything related to your case(or nearby areas) to your lawyer. He will choose what to keep and what to discard.

5. Get certified copies of all the documents (entire file) in court starting from complaint to every single order. And get last order copy after every hearing.

6. Get all the documents legally. Dont get into traps of getting documents by paying bribe. Its not required. It doesnt cost much in time and money-if you act in time.

7. Get familiar with your case thoroughly. You should be so ready that tomorrow even if the lawyer is unable to represent you, you should be able to handle the situation.

8. Work as a TEAM with your lawyer. It always easy and you will enjoy.

9. Last but not the least- DONT unnessarily BARGAIN for his FEES: If you can afford it..just give it in time.

Ankit @mka.asr (Prop)     16 August 2011

Dear Advocate Rajeev,

Please clarify in easy words about clerical mistake done by Bank Staff member. How we can take advantage of this mistake in defence of my case. How important is 139 section and it favours complaintant?

Ankit @mka.asr (Prop)     16 August 2011

Thanks dear for valuable advice

Ankit @mka.asr (Prop)     18 August 2011

Dear Mr Rajoo,

I have heard that under NI 139, if Complainant has cheque with memo of insufficient funds then there is no need for him to prove that amount taken by accused is Loan or not. under NI 139 judges preassume that if cheque is issued then no other evidence like contract of loan, is required. In my case as i have mentioned there is clerical mistake done by Bank. They have mentioned wrong date on memo. This mistake can not be rectified. What does this mean? 

Cartoos (     20 August 2011

Dear All,

Is cheque fully filled by accused with Pro-note signed by accused and admitted validity of loan in the court on first appearance it self with guilty, sufficient ? or complaint need to prove much more, if yes then what will be the out come ?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 August 2011

This is not fufficient, accused has many opportunities to demolish your case.

Ankit @mka.asr (Prop)     20 August 2011

whats documents you need to give me complete advice. should i send you scanned copies?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 August 2011

scanned copies plus synopsis of case.

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