Legal Question in Criminal Law in India
Sir,
Our security cheque was presented without our knowledge, which bounced. They sent us a lawyer notice asking us to pay the amount within 15days. The amount was paid within 15days. They also have sent a closure confirmation letter for that account. Even then they have field a case under section 138. Can they do that???
3 Answers from Attorneys
If you have proof that payment was made then they cannot file case.
It will abount cheating.
no, they cannot do that and in case they have done that, you may file a case of malicious prosectution against them and seek damages. you may also seek damages and compensation from them.
If payment of amount of cheque is made within notice period, then case U/s.138 NI is not maintainable.
If despite payment within notice, you have been prosecuted U/s.138 NI, you can initiate counter civil and criminal action for false prosecution. False prosecution is a serious offence as also entitled you for damages.
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