Legal Question in Business Law in India
I issued cheques to a person who was to use them as security and not for actual payment. I didn't take any document in writing about this from him. Now he presented those chqs in the bank for which I requested the bank to stop payment to these chqs. Recently, he has filed a case against me under IPC 138. How can I defend myself against this charge? Pl . explain, going to the court is the first time in my life, i am confused and frightened too.
3 Answers from Attorneys
First there should be sufficient amount against the cheque. First made the stop payment, but dont withdraw the amount from bank.
You have to hire an advocate to defend your case and first has to get bail.
Tell me your location, i will guide you and defend you.
mere issuance of cheque is not sufficient and the complainant has to prove that the cheque was issued towards a legally enforceable debt or liabillity. in case the complainant cannot prove the liability, it is advisable to fight the case.
you should appoint a local lawyer to defend your case. As per sec139 of NI Act, there is a presumption in favour of drawee that the cheque was issued to towards a legally enforceable debt or liability. your advocate while dealing with your case and after going through all documents may guide you properly.
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