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Cheque Bounce

cheque bounce case

sir my friend gives money as a loan in 2016 .15lakhs through bank transfer i issued blank promicery note and blank signed cheque.after he recover money but the not returned my promicery note and cheque . after 8years he files cheque bounce case on me. 2023 his wife gives money through cash 20lakhs in favor of pronote .i issued cheque in 2024 january 20 the cheque was bounced he creates the story i if i has evidence of his husband gives money through bank transfer in statement what happened to me in cheque bounce case

( Vijayawada, Andhra Pradesh )

1 year ago

Reply

Dear Client,

A promissory note is a legally binding document outlining a debt repayment agreement between a lender and borrower. It's enforceable under state laws and can be used as the basis for a lawsuit under the Negotiable Instrument Act, 1938, if repayment isn't made. Promissory notes typically have a validity of three years from the date of execution.

Similarly, issuing a blank cheque implies a promise of payment, and if it bounces, the holder can file a criminal suit under section 138 of the Negotiable Instrument Act, 1938. Presumption arises under Section 139 of the Act if the cheque is voluntarily signed and dishonored.

In case of a cheque-bounced case, the accused must prove repayment within 15 days of receiving a legal notice served within 30 days of dishonor.

Vidhikarya

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Dear Client,
A promissory note is a legally binding promise to repay a debt. Promissory note laws vary by state, but they typically include the loan amount, loan terms and signatures from both the lending and borrowing party. When this document is signed by the borrower, it becomes a legally binding contract and the lenders can claim a refund of the loan by filing a suit under the Negotiable Instrument Act, 1938. All Promissory Notes are valid only for a period of 3 years starting from the date of execution Similarly when a person issues a blank cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. A blank cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and on dishonor of the said cheque, the drawer of the cheque will be held accused under Sec. 138 of N I Act, 1938. A legal notice has to be served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the dishonor of the cheque irrespective of the reason behind the dishonor of the cheque and a chance to repay. 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. In the given scenario, if a cheque-bounced case is lodged against you, you need to prove that the money was fully repaid to the petitioner of the cheque-bounced case. So, you need to consult with an Advocate for guidance and steps.

S. K. Dutta

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Dear Sir,
You have to contest the case hardly and putforth all the evidences to show that the cheque and promissory note were not issued for any consideration and all the amounts were cleared.

Kishan Dutt Kalaskar

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