Legal Question in Criminal Law in India

Cheque Bounce

I had given a check and a bond paper(both signed) as a guarantee towards the amount I borrowed from my friend. I had paid almost everything(90%) but then my friend used my cheque to withdraw huge amount from my account.

Due to insufficient funds the cheque got bounced. He has filed a case using the cheque and the bond paper.

There is no proof for the money I borrowed from him nor the money I have paid him.

I have claimed that the cheque and the bond paper are stolen from my house and he is using this to file the case.

Will my stand be justified ? Should I opt for compromise ?


Asked on 4/10/09, 1:05 pm

5 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Cheque Bounce

I think you should opt for compromise of your matter.

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Answered on 4/13/09, 8:11 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheque Bounce

A false stand may not be maintainable. However, compromise may be a better option.

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Answered on 4/14/09, 12:13 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque Bounce

Yes you should opt for compromise

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Answered on 4/11/09, 2:06 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque Bounce

If there is no legal debt and liability, then you can prove the same and get acquitted.

If cheque & bond are merely signed by and written by your friend or somebody from his side, then you can initiate counter action.

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Answered on 4/11/09, 2:37 am
Rajneesh Malhotra Malhotra Advocates

Re: Cheque Bounce

Your stand is likely to be rejected by the court. Consult your lawyer to see if there is some technical defect in the legal notice or the complainat filed against you. In case there is a lacuna you can hope to win.., otherwise its better to compromise.

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Answered on 4/10/09, 3:11 pm


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