Last Updated on November 15, 2018 by Legalseva.net
Cheque Bounce case is considered to be a criminal offence under CrPC that imposes 2 years of jail plus twice the amount of cheque.
Never take it lightly and don’t issue cheque recklessly. Be it a security cheque.
For issuer of the cheque , it is damn easy to prove liability but for accused real tough.
Under Sec 139 of NI Act, it is presumed that accused is liable for legal liability of amount mentioned on cheque unless rebutted by cogent and reliable evidence .
The seriousness of offence of cheque bounce can be seen from the fact that you have to take bail on the very first day of case being an accused .
Also Read- CHEQUE BOUNCE PROCEDURE IN TRICITY
So important things for accused in a cheque bounce case :
1 Do lead evidence in your defence even though complainant leads none. The onus is on you to prove that you haven’t taken the money .
2 Dispute the cheque in question, examine expert for signatures, deny the liability .
3 Be consistent with your transaction story because it can make or break your case. Be it examination in chief, cross examination or 313 statements . Stick to one stand .
4 Have the most reliable witness from whole transaction who can depose in your favour. Do examine defence witnesses to rebut the presumption or else the legal liability lies on your head. Beware!
5 Lead evidence as much as you can to show your bonafide in the transaction and Legally Enforceable Debt (LED) never existed.
6 Keep your account statements handy to support your arguments in the case.
7 Cheque bounce case strictly works on 30-15-30 rule.
Legal Notice within 30 days of cheque bounce
Return money to complainant within 15 days
Else file case within 30 days after expiry of 15 days.
Thus , remember 30-15-30 rule.
Also Read- CHEQUE BOUNCE LAW AMENDMENT
8 Be clear, concise and uniform in admissions. If cheque is yours , signature is your then dispute is with debt. Contest it because onus lies on you being an accused not on complainant.
9 If cheque is not issued by you nor have your signatures , better to examine expert and dispute issuance of cheque after clarifying how did the cheque landed up in the complainant’s hand.
10 If this is the scenario, it is better to lodge a DDR for lost of cheque or stolen cheque in question.
Also Read- 7 THINGS YOU SHOULD KNOW ABOUT CHEQUE BOUNCING
Rest, there can be numerous pleas related to case which entirely depends on your case. So one rule can’t fit all and that’s what for top/best/expert Cheque Bounce lawyers/Advocates in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Mullanpur Garibdas and adjoining areas are here for.
There is reason why you pay so much of high fees for a competent professional and that is their proficiency which can’t be doubted.
Also Read- ALL YOU NEED TO KNOW ABOUT CHEQUE BOUNCE IN 2017
Risking on the quality of NI 138 matter lawyer/legal professional can cost you jail and if you can take that risk , it’s certainly going to be your way. Be it in jail.
Few of the noted judgments on this topic are following:
1. Rangappa vs. Sri Mohan (2010) 11 SCC 441- Presumption under NI 138
2. Sneh Jain vs. Vijay Kalra (2014) 208 DLT 503- Source of income is a must
3. Trilok Chand Jain vs. State of Delhi (1975) 4 SCC 761- When can be presumption be sterile
4. Kishan Singh vs. Gurpal Singh & Ors (2010) 8 SCC 775- Bearing of a Civil Case on Criminal
5. Vinita S. Rao vs. Essen Corporate Services Pvt. Ltd & Anr. (2015) 1 SCC 527- Cheques issues as security and there was no crystallised liability or outstanding dues.
Also Read- FALSE CHEQUE BOUNCE CASE. DEFEND IT!
Lastly, know what you are doing with your cheque bounce case in trial else nobody can correct it later on in appeal or appellate stage when you have made errors. So having an experienced NI 138 matter expert can help you go a long way in defending your cheque bounce case and might even winning it.
Remember, all cases are unique in different aspects so one judgment may not favour all. Hence distinguishable.
Also Read- CHEQUE AS A SECURITY FOR JOB IN INDIA
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