As regards the above I have 1 week ago received a shocking legal notice claiming that i have dishonoured a cheque for rs 500000 issued to the claimaint. The facts are 1. I have never ever met this accuser let alone deal with him. 2. The accuser claims that he had on my behalf deposited the sum of rs 500000 lakhs in cash in my bank account on the 19 of june 2014. 3. The said deposit of rs 5000000 lakhs was made by my employee and is money that i have received frim my friend who will testify to the same. 4. I was in the habit of leaving signed cheques with my employee for payments and have since dismissed him from service as he was dishonest . And i suspect him of this mischief. 5. The handwriting on the cheque is not mine even though the signature is. 6. I am in the process of applying for a government post and this is clear case of blackmail. 7. There is no written record of any such loan or advance taken by me. Pls advice urgently
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Lawyers are available now to answer your questions.
1) you have to reply to legal notice
2) mention that cash deposit of Rs 5 lakhs was received by you from friend and you deposited the same
3) mention that signed cheques were stolen by your employee who has been dismissed from service and against whom police complaint is filed
4) please note that once signed blank cheque is issue you authorise drawee to fill in the details
Do not worry aS cheque bouncing case is no deterrent to apply for government job.
If you could manage to prove that there is legal due to your employee mere signing of cheque is of no consideration.
There are other defences also but without seeing the content of the case it is difficult to advise.
IF THE CHEQUE WAS DISHONOURED IN 2014 THEN NO CHEQUE BOUNCING VASE CAN BE FILED NOW.
1. Since you have received the legal notice it is imperative that you reply to it through your lawyer, else it may amount to admission of allegations leveled against you.
2. If and when he launches a criminal prosecution for cheque bounce then you will get sufficient opportunity to rebut the presumption that the cheque was issued in discharge of a legally enforceable debt.
3. File a police complaint for the loss of cheque.
Since you have received the legal notice it becomes your duty to give a reply notice
You can contact a lawyer and issue a reply denying all the allegations.
Let him go to the court, where you can challenge the same during trial.
After replying with a letter dening liability and the claims in this false and malicious legal notice what will be the consequences. Are there any chances of me getting arrested or an FIR being filed against me. Or will this matter be pursued in court. I do not want to go through the process of getting arrested and then applying for bail.
1) the complainant would file complaint against you under section 138 Ni on account of dishonour of cheque
2) you have to appear in court obtain Bail
3) contest the case . engage a local lawyer
4) you would not be arrested .
5) if you are able to prove that no such cheque is issued complaint would be dismissed
After issuing a reply to the notice, he will pursue the matter through court.
There will be no arrest
You can challenge the case in the court of law based on merits in your side.