Legal Question in Criminal Law in India

Cheque Bounce case

Sir,

I had take few jwelaraies from someone through 8 monthly instalment and pay him through 8 cheques. I have gave him a blank cheque for secquirity purpose. When the my all installments were paid, he submit the cheque on bank and the cheque is bounced due to insufficient of funds. And now he he demands more money from me and put a 138 NI case against me. Please advise me what should I do?


Asked on 4/03/09, 6:06 am

6 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque Bounce case

try to compromise out of court amicably

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Answered on 4/07/09, 10:02 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque Bounce case

Proceed with case and prove that there was no legal debt or liability.

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Answered on 4/04/09, 12:59 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheque Bounce case

HELLO.

GOOD AFTERNOON!

First of all you have to file a complaint of cheating agaisnt the jeweller company.

But as far you have the cheque in said respect you have to prove yourself innocent.

Engage a lawyer first and proceed as soon as possible.

In case of need please contact personally alongwith the details.

OR

In case of further query mail me.

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Answered on 4/04/09, 3:17 am
Ankit Parhar Praxis Law

Re: Cheque Bounce case

If you have not engaged a lawyer yet, this would be your first step. Since the complaint case has been filed, your only remedy lies in Court. As you are aware, a cheque given as security does not attract the penalty under Section 138. This will only be established in the trial and therefore you require a qualified lawyer to represent your case. Contact if you have any further queries

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Answered on 4/03/09, 6:51 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheque Bounce case

I am one with the above opinion.

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Answered on 4/03/09, 8:26 am
Pranav Desai PD Legal & Associates

Re: Cheque Bounce case

Well!! you can proceed against the jeweller under cheating. Though, for getting acquitted under section 138 of the negotiable instruments act you may have to prove yourself innocent in the court.

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Answered on 4/03/09, 1:24 pm


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