• How to defend cheque bounce case 138 NI Act

Hello sir,
I m from Visakhapatnam, I have taken 55000/- hand loan from financer. I have paid interests regularly. But I am not able to pay interests continuesly 3months. Financer came my house and harsed on me and my parents. Later he bounced my cheque 15000/- . This cheque and promissory note was given security. These two are blank. CAse in first track courts and recently I filled civil case also. What can I do now, how can defend. I already talked with him and said I am ready for settlement with 125000/-. He is demanding 2lakhs. Can I get stay from high court. Please advise me.
Thanks a lot
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

1) HC would not stay cheque bouncing case

2) apply for bail and contest the case

3)cheque bouncing cases take 5 years to be disposed of

4) in defence take the plea that loan amount has been repaid

5) you ha enjoy mentioned whether you signed any agreement in writing for taking loan from financiers

6) whether rate of interest is mentioned or not

7) how interest payments were made by cash or cheque etc

Ajay Sethi
Advocate, Mumbai
95218 Answers
7612 Consultations

5.0 on 5.0

1) deny that sum of Rs 150000 is payable by you

2)admittedly there is no written contract

3) no agreement to pay interest

4)call upon complainant to produce agreement for taking loan and for interest

5) on what basis Rs 150000 arrived at

6) obtain admission from complainant that amount and date was filled in by the complainant

Ajay Sethi
Advocate, Mumbai
95218 Answers
7612 Consultations

5.0 on 5.0

What can I do now, how can defend. I already talked with him and said I am ready for settlement with 125000/-. He is demanding 2lakhs. Can I get stay from high court. Please advise me.

You cannot obtain stay for this.

You have to challenge his case in the court properly and should express before the court that you are ready to settle the said amount which is reasonable despite the loan principal amount is very low to the offer made by you for repayment.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

They have file suite with 150000/- and 2rs interest. Cheque they written amount and bounced it. I paid interests also by cash one or two by cheque.it is reflecting in my account statement. Case now in fast track court and 24th this month cross questioning on other side witness. How to defend case.

What is your defence to the case?

What did yo state in the court?

Whether you have accepted the loan amount ?

What did you state in your reply notice about the cheque held by them?

The defence will depend on your replies to above question because without knowing what you have committed in the reply notice it will not be a good opinion to your vague question.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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