LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raghavendra (mgr)     23 May 2012

Misuse of cheque

I have taken 50 thousand rs from one of my frnds and agreed to pay intrest with captial amount when am taking money i have given two blank cheque. after 45 days i have paid 55 thousand to that person but he is nt ready to give back my cheque and now he is dropped my cheque for 50thouand and it got bounced back with insuffient fund.


Now he is tellling me tht I will suit u in court and will ask u two time of money. Now my situvation is wht to do if he is suit against me bcz i dont have any prof for i paid him and wht he is given me.


Please advise me


 7 Replies

Roshni B.. (For justice and dignity)     23 May 2012

before you get any advice,please tell us what your profession is.


and where do you live?


Good luck!

Prasun Chandra Das (Banker)     23 May 2012

Roshni B --- since when did advising in this forum became conditional on disclosure of profession and location?

Raghavendra -- you need not disclose such details - I hope someone in this forum will advise you, though more details about the issue may be required. Since I am not a lawyer I cant give you any advice.



Power of defense is immense. Facts are only door to truth so its appreciation  differs from person to person.    Truth is never absolute.

Power of defense is immense since it is power of negative. Darkness is perpetual , light has to be sustained.

Keep cool, scrutinize the notice, complaint and bank papers very minutely and you will find many faults. I have given complete simple techniques of cross for such cases in forum section which makes easier  to win any NI 138 case.

Power of defense is power of negative which  is immense. Darkness is negative but it is perpetual , light is positive but you have to make efforts to sustain it

Many suffer due to guilt complex imposed on them, throw it out and fight you will win, that is what Lord Krishana says to Arjuna in Shri Bgagwatgita.

Law has limitations since it can not provide for all the possibilities and hence power of defense is immense.

Cheque bounce cases- opportunities for accused to win are immense.

Cheque bounce law is stringent 1) cheque was from the account of accused 2) it is bounced far want of funds 3) liability is presumed and summery procedure for fine and conviction.

 BUT ACCUSED HAS RIGHT TO REBUT THE PRESUMPTIONS. Law can not provide for all the eventualities /possibilities and hence power of defense which is power of negative is immense. Darkness is perpetual light has to be sustained.

Law does not work like maths or computers-

Law does not work like a math problem. Whatever you do still all the probabilities can not be provided in any law and that is why every case is different.

Why so many courts, appeals , revisions and advocates on both sides., because numerous interpretations are possible for any written law.














K.K.Ganguly (Advocate)     23 May 2012

Information given is incomplete. Did you acknowledge receipt of the loan or sign any paper which can be shown as an evidence that the bopunced cheque was issued by you towards  your dischargeable liability? In absence of these information it is difficult to advise properly.


However, please note that dishonour of security cheque which  was not issued against any dischargeable liability or liabilities  do not fall under section 138 of N.I.Act. There are Court orders to this effect.

Pradeep Kumar (Lawyer)     23 May 2012

Dear Sir,

This is a perfect example of how innocent people are  being harassed by  dishonest people.This is also a perfect example of people not applying the common sense in money dealings.Now this guy due to lack of evidence will have to enter in compromise or defense with the complainant,if complainant files a case.The only way to resolve the dispute is to take some receipt of money from your friend.Court needs evidence.

Adv.Pradeep K Khatana


sri (ceo)     23 May 2012

cheque bounce is not deadly... if you paid back... how?... any evidence? if not you will accused of lie in court... if he has claimed another 50k... i.e., total he is asking for 105k... can fight it out under what interest rate he is claiming 55k as interest on 50k principle in how many years... this proves cheating... but your payment must have evidences like cash receipt,any acknowledgment etc... contact local advocate who can help you out...


Dear Raghavendra,

When your friend insisted on cheques for the loan given,you too should have demanded back those cheques at the time of repayment. See now you are facing legal hurdle with the same friend.This is a clear cut answer for the proverb "A FRIEND IN NEED IS A FRIEND INDEED"  try to take the assistance of common friends and settle the matter off the court, or fight the case if he really files.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register