Legal Question in Credit and Debt Law in India
I got three cheques from buyer of shares of a pvt ltd company. After encashing first cheque, the buyer sent a lawyer notice after 6 months stating the he bought shares on false promises and projections. He also made stop payment of cheques for 2nd installment. I presented cheque which got bounced. I filed cases in court. Now the buyer filed a criminal complaint against me on cheating charges in a police station. Will out come of this FIR or subsequent chargesheet affect my cheque bounce case pending? Will cheque bounce aftre lawyer notice & STOP payment weaken the case I filed?
1 Answer from Attorneys
the law is clear that even stop payment comes within the mischief of Negotiable Instruments Act. under what sections the opposite party has lodged the f.i.r against you. you need to pursue your complaint as well as file a suit for recovery under order 37 of civil procedure code. the civil suit would be your defence.
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