Legal Question in Criminal Law in India

As PDCs were given towards advance payment for purchase, you cannot win the case.

Please advise the conditions of payment, delivery schedule etc. mentioned in the contract.

You have to justify yur action of stop payment by establishing that supplier has failed to

observe the terms of contract & thus has lost his right of gtg. advance payment

You have got bright chances of winning this case. As per the latest Supreme Court's decision, only under 2 circumstances, ie., (1) when there was not sufficient funds in the account, (2) When the arrangement with the bankers exceed the limit set, the liability of the drawer of the cheque prevails. In your case, you have mentioned that 'stop payment' was issued and also the police were informed (u must get written proof of these). Further more, you have mentioned all your defence evidences which are vital to the case. Go ahead confidently.

you have a strong case. the initial burden that the cheque is issued in discharge of legaly recoverable debt is on the Complainant. He has to prove the same strictly. You have to put up a probable defence. your defence looks probable. cross examine the Complainant properly. if you had balance in the account produce the account extract to the court. since the transaction itself is in dispute, the Complainant has to prove the same as per the latest judgment of the Supreme court in Krishna Janardhan Bhat case. [email protected]

apart from 138, u could also have filed a civil suit u/o 37 of civil procedure code. the civil suit is required to be filed to recover the money and 138 would simply handover the punishment for bouncing of the cheque and may or not fine the accused. moreover, the contentions of both the parties would be addressed before the civil court and are binding upon criminal courts.