Anand Zatakia (worker) 23 April 2013

Please help regarding false cheque bounce case

Hi everyone, I need help regarding the false cheque bounce case.

Part 1

My brother borrowed 40,000 (forty thousand rupees) from lender in our local town for 4% interest in 2007. No agreement or promisery was done, only 1 blank cheque was received by lender for secuirty (only sign was done on cheque). As per agreement we paid interest without due every month and we paid back the amount in 2008. When we asked the lender to return blank cheque, he said it lost due to relocation of his house and said nothing harm will be done by him. We also agreed as he was long friend of our uncle.

Part 2

Due to some medical emergencies, we again borrowed 50,000 (fifty thousand rupees) from same lender in 2009. He asked for the another blank cheque saying the old one not found. My brother issued cheque with only amount written on it. We paid interest without due for 3 years. From last 5 months we said we will not pay interest but will settle the amount in installment due to financial problems. lender didn't agree to that.

Now he bounced the two cheque for 2.00,000 (two lakh rupees). Interesting is now he bounced the lost cheque for 1,50,000 + new cheque 50000. He sent notice saying that we took two lakh rupees for 2% interest and issued same cheque to payback the amount. Now its bounced and we have to pay within 15 days or he will put case on my brother.

Please help me to take next steps.

Key points:

1st cheque was issued in 2007 with onyl sign on it. ( he wrote date, amount , name and bounced 15 days back)

2nd cheque was issued in 2009 with amount denomintion and sign ( bounced after 5 days depositing 1st check)

We have issued many cheques to other peoples after the above two mentioned cheques and all are passed.

thank you

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 23 April 2013

Go to a local advocate and show him the notices and send replies to the notices as soon as possible.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 23 April 2013

cheque bounce law is strict and procedure is short.

Still you can come out of it by proper desense in the court.

However do not make the mistake of replying the notice since it has less benefits and more harm. The moment you reply notice you have accepted that you had given the cheque and it is bounced and you have not paid. May be you may give some reasons but in the process your more than NINETY PERCENT defense is gone.

Othewise it will be the duty of the complainant to prove all these things in court which is not simple.

Please contact by email for further direction in the matter.

Adv Archana Deshmukh (Practicing Advocate) 23 April 2013

Originally posted by : MARU- ADVOCATE
	However do not make the mistake of replying the notice since it has less benefits and more harm. The moment you reply notice you have accepted that you had given the cheque and it is bounced and you have not paid. May be you may give some reasons but in the process your more than NINETY PERCENT defense is gone.

I cannot agree with this, how can replying a notice would mean that you have accepted that you have given the cheque...? Unless you choose to accept the issuing of cheque to that party specifically in the notice nothing can be presumed.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 24 April 2013

When you conduct complete case for accused than only this imp issue can be appreciated.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 24 April 2013

When you conduct complete case for accused than only this imp issue can be appreciated.

1) once you reply the notice means you have accepted reciepf ot notice which otherwise the complainant ahs to prove in the court and if he is not able to prove it the case will be dismissed on this point alone.

2) You reply notice means you have accepted that cheque was yours, from your account , you have signed it and it is bounced. Payment not made after reciept of notice.

Now if you do not reply notice than the accused can take the plea even from the origin of cheque , issue of cheque which the complainant has to prove in court and that is not easy task.

R Trivedi (advocate.dma@gmail.com) 26 April 2013

Pl do not make a mistake of not responding to notice, if it is your cheque. You have to be careful, but this is your first level of defense. Many a times harm of non respponding is much more grave than the expected benefit on stated technical grounds. Yes, if you are in doubt, take the help of local counsel.

[A full blast dishonest drawer need not respond.], because he would need many many technical points to rescue him.