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K S SARMA (CONSULTANT)     20 September 2011

Please advise me in cheque bounce case

In 1996 as sole proprietor of an unregistered firm engaged in construction activity, issued 8 promissory notes and  8  cheques for different bill amounts, totaling  8 lakhs(amount filled, date and name left blank) as security towards purchase of building materials on credit. Supplier assured that after the transaction is completed he will return the cheques and promissory notes. Even after receiving total dues he did not returned the cheques and promissory notes saying that he destroyed them suspecting income tax raid. After that there were no transactions between us as he closed his shop.

I closed my firm and its current account with the bank in the year 2000.

I received legal notice dated 20.01.2007 stating that I borrowed Rs 2, 69,343 @ 24% per year on 31.7.99 and executed 3 promissory notes and endorsed them on 10.7.2002 by paying 1000/- for each note. When they demanded on 10.6.2005 for 6, 49,000 with interest, that I held a panchayath and issued 5 post dated cheques for Rs5, 03,500 dated 15.12.2006, after presentation in the bank they bounced, and bank memo states that account closed.

I have not replied to the notice.

Case filed u/s 138 on 12.3.2007, I received summons in 2009 i.e after 2years

Now trial is progress and complainants cross examination is due in few days.

Please examine these points observed by me and give your valuable suggestion:-

Firm name (account name) not mentioned in notice. One extra initial added to my name

With interest the amount shown in notice is 6, 49,000/- but demanded 5, 03,500

In the notice it was stated that I issued postdated cheques. But in complaint he said drawn on 15.12.2006

Account closed 6 years prior to date of cheque.

Promissory notes not produced till date.

Name and date on cheque filled by him with different ink and writing.

19 printed on cheque date line (-------------------19-------) shows that it is old cheque issued long back

Cheque not crossed.

Multiple promissory notes and cheques with odd figured amount show that they are material bill amounts. Filled cheques issued as security.

Time barred promissory notes by 18 months.

There is no proof of panchayath.

Stated that loan was paid in cash.

Old transactions not mentioned at all anywhere.

I also don’t have any solid proof of old dealing.

 

  

 

 

 

 

 

      

 

 

    



Learning

 6 Replies

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

 

You have given the cheque and it is bounced still the case can be won in the court  since there are many technicalities and hurdles which the complainant has to cross to win.

 I have given number of examples that by resisting the production / introduction of evidence in between stages by the complainant and even by clever cross examination any accused can win cheque bounce case very  easily.

The methods to win for accused of any cheque bounce case is safe , sure and simple. Just see a simple example- GOD IS NOW HERE  and  GOD IS NO WHERE.

 Not a single word is changed still the result is different , it is the skill of the pleader.

1 Like

K S SARMA (CONSULTANT)     20 September 2011

THANKYOU SIR

Gopal Singh ( Advocate)     21 September 2011

as you sid that it is stated inte ntice that you borrowed money from the drawee. Find out whether drawee firm is registered under Banking Act. for financing. Secondly stress on the year 19.... printed on the Cheque. have you countered signed on the  printed Portion showing year..19... .If No challenge it.  For enqueries consult your Advocate.   

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 September 2011

Dear K.S.sharma

If anyone issued a cheque then the responsibility of that person to prove that why you issued the cheque.

No need to send a notice on the name of company

if the cheque is old then also no need to say that any legal defence will be getting in the favour of accused

if the account closed 6 years ago after that the cheque issued then a new case u/s 420 also can be filed

1 Like

R Trivedi (advocate.dma@gmail.com)     09 November 2011

Has the charges been framed against you ? Please visit ni138.blogspot.com.

R Trivedi (advocate.dma@gmail.com)     10 November 2011

1. Case is quite in your favor.

2. Please check your charge sheet if IPC S.420 is  mentioned or not.

3. If there is no transaction for all these years, then old cheque has no meaning.

4. Panchayat Ruling falls in the category of agreement / compromise, this does not fall in the category of legal liability.

5. If complainant has stated about Panchayat, then he has to prove.

6. Since it is the very old cheque, he has to substantiate the loan by some evidence.

7. Be honest and just give the facts truthfully. If you have to give some money to him, give it.

8. If payee name, amount, date, sign all are in different ink, it is quite in your favor.

9. But the point is if you have not argued before charge framing and charges are framed, then the case will proceed, till judgement. 


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