Legal Question in Criminal Law in India

Re: Cheque bounce

YOU MUST FIRST OF ALL GIVE PROPER REPLY TO THE NOTICES GIVEN TO YOU TAKING ALL NECESSARY DEFENCE IN THE MATTER, YOU HAVE TO BE VERY CAREFUL WHILE YOU REPLY TO SUCH NOTICES. IF NEEDED PLEASE CONTACT IN PERSON AT MY ADDRESS WITH APPOINTMENT ON MOBILE ; 09426101233 OR ON PHONE

Re: Cheque bounce

Dear Gentleman:

Issue of bouncing of cheque is very technical. In fact, your problem suggests looking at the documents, especially who is the holder of the cheque, the payee and drawer and finally who sent the notice to whom? In case you simply want time, you may make the payment within 15days of receipt of the notice or else the cause of action arises. Though as per law, the offence is complete once the payment of the cheque is not made within 15days of the receipt of the notice, the courts had been liberal in accepting the payment of the bounced cheque on the first hearing itself and compound the offence.

Bhushan Arya

Re: Cheque bounce

In view of presumption in favour of holder of a cheque, burden shall be upon you to prove that the blank cheques were issued as security only and not towards repayment of legal debt/liability due and holder was not entitled to write any name or amount thereon and present the same for encashment. Further, if you are in a position to prove these facts, you can also initiate a prosecution of criminal breach of trust and other offences against the person who misused the cheques.