Legal Question in Criminal Law in India
Account closed cheque bounce
Sir,
I issue a cheque to my finance... after i closed the account also i intimate them about the closing. But unfortunaely they deposit that & it is bounced. Now they demand thrice the amount for settlement or they blackmailing me as complaint in criminal section in police to arrest me. Pls guide me a solution for this case legally.
5 Answers from Attorneys
Re: Account closed cheque bounce
If there was "no consideration" for the cheque, you may not be liable. however, it may be better to reach an out court settlement and arrive at an amicable settlement to avoid litigation.
Re: Account closed cheque bounce
normally , police do not interfere in the cheque cases except where the police is being influenced,
the drawee may file a complaint against you under section 138 NI Act.
Re: Account closed cheque bounce
they cannot claim thrice the amount and the notice is supposed be restricted to cheque amount only. at the most they can file a complaint u/s 138 of negotiable instruments act and that is bailable.
Re: Account closed cheque bounce
Send the cheque amount by RPAD informing them that the cheque is issued in lieu of the cheque earlier bounced.
Re: Account closed cheque bounce
After you had repaid entire loan, there is no legal debt or liability against you.
If you have documents disclosing refund and repayment of entire loan, then person financed or advanced you loan can do nothing.
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