Cheque Bounce

Quashing of cheque bounce case if director was resigned much before issuance of cheque

I was a director in the company to which some dispute arose. Then I resigned from the directorship and started a new company. After five years a criminal case has been initiated against me under Section 138 of the NI Act. I was astonished to see that the date mentioned on the cheque is just four months before. How does it possible that I have committed an offence when there is no relation between me and that company? Sir, please help me to settle this criminal case?

read more

Cheque dishonour case 138 NI Act has been dismissed because of delay in demand notice during covid 19

I have filed a complaint under section 138 of the negotiable instrument act on 12-02-2021 after more than ten months from the date of cause of action. The case was admitted but at the stage of trial the court has dismissed the complaint because of delay in sending the demand notice to the accused. I have sent the notice to the accused in the month of October 2020 but cheque was bounced on 3rd March 2020. Complaint was filed on 12th February 2021. There was delay but due to covid 19 I was not able to file the case within time. What action should be taken against the dismissal order?

read more

My friend has cheated me by presenting a cheque which I given to him for another purpose

My friend has cheated me by presenting a cheque which I given to him for another purpose but he used it to initiate a false legal proceedings against me. He is a property or real estate broker and having good business in our locality. We are also doing a small business related to the collection centres for different pathologies. During the covid we made huge profit and invested that money in the stock market. That business also flourished under the guidance of my friend. He is a master in the field of investment because he is MBA from a very reputed college. In the last year he told me to establish a pharma company but I was not ready because I wanted to carry on the investment. Our investment business was running very well last year. 

Due to conflict of interest some differences have taken place between us. I withdrew all my investment and started another firm with an independent director. He presented that cheque in the bank by filling the details such as the date and amount. It was a blank cheque. He has written in the complaint that I paid that cheque to purchase a piece of land. Actually no such deal ever took place between us. He cheated me by using my blank cheque which was given for the registration of the pharma distribution firm. 

But due to differences that firm was never established. Yesterday I received a summons from the court that a cheque bounce case has been lodged against me. I sent instructions to the bank and stopped the payment of that cheque. Due to which the cheque was dishonoured. Please help.

read more

Transfer cheque bounce case to my current place of living

I want to transfer cheque bounce case to my current place of living. I took a personal loan from Kotak Mahindra Bank for 4 lacs and had been paying EMI for up to 19 months and due to COVID and loss of job. After the moratorium, I am not able to pay my emi. But the bank bounced my cheque for the whole loan amount and filed 138 in Gujarat Ahmedabad.

I’m living in Tamil Nadu. The bank had processed the loan in Chennai. But they intentionally filed the case in Gujarat and harrassing me to repay the whole amount. The loan itself is an unsecured loan and loan tenure is upto 2024. My outstanding due is around 2 lacs but they bounced the cheque for the whole amount. 

They had collected my cheque for loan process and EMI before actual payment of loan amount. Please advise me in this regard sir. How to deal with this issue. Can I file any petition in Madras High court to change the case from Gujarat to my native or any way to deal with this.

read more

Cheque issued in personal capacity : Liability under section 138 NI Act

I am principal of a private school. During the lockdown some construction works were done in my school. The management had directed me to make the payment and they will reimburse the entire amount. A cheque I issued in my personal capacity which I later on stopped to payment. Because the management has refused to make payment. Management said that the cost of works was too high and they will conduct an audit of construction works. 

I informed the contractor that please wait till the completion of the audit. But he presented the cheque for encashment. Since, I have stopped the cheque for payment hence, the contractor sent a demand notice. Later on he filed a complaint under section 138 of the NI Act. Please advise what I should do to absolve myself from the criminal liability.

read more

Accused did not issue a cheque to the complainant

My cheque is being misused and bounced and a RENT SUIT is filed in a state other than my own state and First hearing itself is due. Appearance of Accused. I got notice but as I was not at home so it returned. Accused did not issue a cheque to the complainant. Another person filed cheque bounce case to whom I did not issue the cheque. This cheque was not given to this person but was with someone known to both of us (Common friends). To harass me he gave it to him and initiated the above mentioned action. Case is filed under NI 138 Act. What counter action can I file in my own state? As per new guidelines, Before issuing summons to the accused, considering the party’s territorial jurisdiction, the Magistrate is bound to hold an enquiry for the same. But no such steps are being taken in my case as seen online.

read more

What to do when someone forcefully took signed cheque book

My friend forcefully took my signed cheque book and presented nine cheques in the bank. All cheques have bounced due to insufficient fund in my saving bank account. After that, he sent a legal notice to make the full payment in fifteen days.

Sir, I want to inform you that the total amount signed in the cheque is higher than the actual outstanding. He tried to file a false case under section 138 of the Negotiable Instrument Act for the dishonour of cheque. Hence, he presented those cheques and served demand notice to me.

I am at the verge of substantial economic crisis and not able to pay the whole amount. A lawyer friend suggested him to do that act o as to book me in a criminal case. Please help.

read more

Dishonour of security cheque commits no offence under section 138 NI Act

I have taken a loan from bajaj finseve. I gave three cheques for security purpose. I paid 18 EMI on time. From last few months, I was not able to pay EMI. They filed the cheque and deposited to the bank, which dishonoured due to insufficient balance.

Moreover, they filed a case against me. What will be the next procedure? The SI is calling me. I m not able to pay. What to do, kindly assist me.

read more