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Prashantha (Self Business)     23 November 2012

Friend's cheque bounce incident


This is for my friends cheque bounce case which he is ffacing recently. Any input helps from experts.

According to him, He helped his friend with Rs.550000 for his financial emergency thru bank transaction. He was to pay monthly amount and he did for few months. Later stops paying monthly amount. repeated requests for payment give no result. persistant follow-up with him for 2 years he agrees to clear due, gives check for Rs.375000 the balance amount without interest. depositing check returns with insufficient fund note. further repeated follow-up does not yield result for which my friend sends a notice within 15 days period stating facts and demanding money.

he responds to the notice with, check misused, signature forgery as he had access to check book from which he had stolen check leaf and bounced. he also say bank account closed much before and did not issue cheque and question of insufficient fund does not arise. He further claims that no liability as check was stolen.

experts input helps in this case as should my friend file NI act case or any other available. thanking you sir. 


 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 November 2012

No other way to your friend except filing case under sec., 138 of NI Act.  Evidence and cross examinations are very important.

Your frined's friend will have to prove where he lost the cheque, any complaint to the police or any paper publication or stop payment letter to the bank.

ANAMIKA VICHARE (LAWYER)     24 November 2012

You have proof that he had paid you earlier some monthly instalments, you can prove do not  give up

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