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cheque bounce case

cheque bounce case
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If i go to the high court is there chance of winning the case
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cheque bounce case
« on: July 17, 2014, 09:40:25 AM »
I am guru murthy, My mother Smt.K. Jaya Lakshmi aged 64 years who is participated in various chits with Adi Laxmi and the matured chit amounts has been give as a hand loan to G. Adi laxmi which accumulated an amount of Rs.2531600/-.  For which we have taken promissory note for Rs.2531600/- and cheque for an amount of Rs.25 lakhs.  so later she refused to return back the amount.  Accordingly the cheque has been deposited in the bank and the cheque has been returned with Account closed.  So we have gone to the 1st advocate and issued notice that my client has issued an amount of Rs.2531600/- to your client has a hand loan from time to time.  G. Adi laxmi (Accused) has replied to the noticeIt is represented that, it is true that, my client and your client are known to each other for the past several years and further my client states that both of them are well aware of the financial conditions of their families. Further, your client is also aware that my client is a house wife with no other sources of income and her husband is retire employee who is resently hospitalised and is undergoing treatment. My client has only one son who is presently employes in a private company with a meagre salary. Hence it is hard to accept that my client would approach you client for a hand loan of such a huge amount of Rs.2531600/- as on 16.6.2011.
It is represented that, as stated above the husband of my client has been suffering with paralysis and cardiac aliments and has been undergoing treatment due to which my client is running from pillar to post due to which she is constqatly under stress During such period my client had lost the signed promissory note and cheque and same was notice by my client immediately, your client being a friend to my client and she used to come regularly to my client house to know the health condition of my client husband, sometimes she takes care of my client house, when ever my client take her husband to the hospital for regular check up, Taking advantage of lsuch situation you client hadcommitted theft of signed promissory note and cheque.  Then we have changed the advocate and issued rejoinder notice stating that your client used to run chits accordingly my client participated in various chits keeping in past accquitance my client handed over the amount as a hand loan from time to time.  We have produced sufficient income proof and unsigned chit books which were written by accused own writting.  My mother, I and my brother stood as Pw1, 2 & 3.  She even didnt came to witness box. In 313 she stated that she lost promissory note and cheque, she even didnt given police complaint when the cheque and promissory note are stolen.The district court judge dismissed the case as there is difference in the plea in complainent . 
The promissory note comes under legal liability or not.
Please kindly guide me.

Offline Philip1234

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Re: cheque bounce case
« Reply #1 on: August 28, 2014, 05:15:17 PM »
Hii ,
Since check is bounced and you are cheated by someone so definitely you should act legaly and
do try to get your right.

Offline teekasandy

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Re: cheque bounce case
« Reply #2 on: September 02, 2014, 01:01:35 AM »
Hi, i had lent some money to one of my friends and in return he had given me his checks and when i submit the check, it got bounced. HE is not even responding to my calls and messages. Is there any way that some one can help me out in getting my money back..

Offline advsarmaroy

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Re: cheque bounce case
« Reply #3 on: September 02, 2014, 03:36:33 AM »
cheque bounce is a serious offence, you give your friend a friendly advise to check out with a lawyer what happens if a cheque bounces.

he will immediately start responding to your calls and make your payment.

when u get your money back do drop in a mail here

Advocate Sarmaroy
Corporate lawyer / Real estate law expert

Offline bikseng

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Re: cheque bounce case
« Reply #4 on: September 05, 2014, 11:21:28 PM »

I filed 138 case against cheque bounce of Rs. 6.0 lacs against a cheat promoter about one and half years back at Alipore Police Court thru' magistrate order. However, the promoter did not pay me within the stipulated notice period and he is also not attending the summons. As I also lodged an FIR at police station u/s 420, the promoter has recently made a cheque payment of Rs. 1.0 lac to me thru' police station, which has got cleared from the bank. Now I am chasing his for balance of Rs. 5.0 lacs which he promised to pay by monthly installments at police station. I have also informed the Commissioner of Police, Kolkata seeking his intervention and help in this regard and have got a response from him that the matter has been forwarded to the Dy. Commissioner of Police for investigation and report. Can you please suggest me how should I proceed further to get refund of my hardearned money?  Will the cases u/s 420 and 138 stand valid till I withdraw these cases or it will continue as usual? please help me by your valued suggestion.

Offline nitish788

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Re: cheque bounce case
« Reply #5 on: March 31, 2018, 04:02:59 AM »
Friendly loan in cash in cheque bounce cases

Sometimes in usual course of business blank cheques are handed over to trusted persons and the cheques are often misused by these persons under the guise a friendly loan is given to the accused.

Now this amount as shown by the complainant is in cash and since its a friendly loan no paper work is done.

But since burden to prove that the cheque was not issued as a legally enforceable debt is on the accused in cheque bouncing case then how he will discharge this burden is the main ground.

Cross examination is an opportunity granted to the accused in such cases as well as his statement under 313 CrPC

Image result for cheque bounce
In cross examination following questions must be put up-:

Have you withdrawn the money from the bank ? if the accused has  in fact given a loan to the accused person he must have withdrawn such money from the bank. if the answer is no there will be no record of such transaction.
If the amount is above Rs. 20000/- an dis in cash it is hit by section 269SS of income tax and is a transaction prohibited by law. for this just as have you paid money all in cash?
Have you signed any acknowledgement of debt from the accuse? since its a friendly loan no record was available for this?
Have you shown this amount in ITR? If he produces ITR and balance sheet then ask for the basis on which he has mentioned loan against the accused in balance sheet when no document in support of transaction is there. If the complainant does not produce the ITR then the cash is black money and again rebutting the presumption of legally enforceable debt.

As held in Sanjay Mishra vs Ms.Kanishka Kapoor The learned Judge held that the applicant has failed to establish that the cheque was issued by the 1st respondent in discharge of legal liability of the loan amount. The learned Judge observed that the 1st respondent has denied her signatures on the bill of exchange as well as the cheque subject matter of the complaint. The learned Judge has taken into account various circumstances borne out by the evidence on record and has passed order of acquittal. The learned Judge also considered the admission of the applicant that the amount advanced was an unaccounted amount which was not disclosed to the Income Tax Authority.

Therefor recovery of black money is impermissible in law.
« Last Edit: April 01, 2018, 08:44:14 PM by admin »
Nitish Banka

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