Legal Question in Criminal Law in India
The fact is that the accused issued 2 cheques ( 1 is post dated and other one is nil dated) cheques to buy the used product from the complainant. As the complainant failed to deliver the material ( TV , computer table, CD player) as promised the accused approched the complainant to return the cheques. But the complainant neither returned the cheque giving one or the other reason nor delivered the material.Meanwhile both the cheques were presented and notice was issued and the subsequent case was filed stating that the accused borrowed 20000 from the complainant. Both the cheques were presented mentioning with same date.When a person wanted to give cheque for an amount he can issue one singular which would suffice the need. Why to give 2 cheques on the same date?. Is there any provision to contend on it.The case was file u/s sec 138&141 NI act.Pl guide me
1 Answer from Attorneys
Yes you have a strong case, but, you need to contest it. To begin with you had no liability as the promised goods were never delivered. In addition your thoughts are also good
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