Cheque bounce
8 months ago
I have given a blank cheque to a person by mistake and to rectify my mistake i stopped that cheque using yono sbi. Even though The cheque has been stopped the person submitted the cheque in bank and the cheque has been dishonoured. The person send me a legal notice that i own him 100000 rupees instead i give him that cheque. I talked to his lawyer and he said they will negotiate with the amount. Should i need to negotiate coz its a pure fraud case? What should i do?
A.Dear Client,
As per the cheque bounce case rules, a legal notice has to be served within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the cheque returned irrespective of the reason behind the dishonor of the cheque and a chance to repay. The notice here specifies a 15-day term to repay the debt amount. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. Even a blank cheque leaf, voluntarily signed and handed over by the Drawer/accused, which is towards some payment, would attract presumption under Section 139 of the N.I. Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. So, if you are able to prove the cheque was not issued in discharge of a debt, then you will not be held accused under Sec. 138 of N I Ast. . Reach out to an Advocate for guidance and steps
As per the cheque bounce case rules, a legal notice has to be served within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the cheque returned irrespective of the reason behind the dishonor of the cheque and a chance to repay. The notice here specifies a 15-day term to repay the debt amount. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. Even a blank cheque leaf, voluntarily signed and handed over by the Drawer/accused, which is towards some payment, would attract presumption under Section 139 of the N.I. Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. So, if you are able to prove the cheque was not issued in discharge of a debt, then you will not be held accused under Sec. 138 of N I Ast. . Reach out to an Advocate for guidance and steps
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