• Regarding check bounce false notice

Dear Sir,
Sir I need to know what to do when a person has gave me a legal notice for check bounce of mine with no credit has been taken from my side .. as previously he was my partner I had given him my cheque’s and now he is misusing the checks by putting it into bank .. I m also having his checks with me so please suggest me what to do ...
Asked 3 years ago in Criminal Law
Religion: Hindu

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10 Answers

Hello,

Send a reply to the Legal Notice through an Advocate on the ground that the cheque in issue has not been issued against any legally enforceable debt and thereafter file a case under section 420 if he does not withdraw the legal notice.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You should deposit his cheque’s and issue him legal notice

2) as far as legal notice issued by person is concerned you should reply to legal notice deny that there is debt due and payable

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Firstly, after ascertaining the time limits, reply (hire a lawyer) legally to the Notice saying that the cheques (mention the number) were issued as a security and during the tenure of your partnership venture.

Attack is the best defence. You too use his cheques and send a legal notice once it bounces. Doing this will atleast give you leverage during negotiation.

BTW if the name is not written on the cheques issued by him, then don't issue it in your name. Use any of your family or relatives name. By doing this the two cases will be different.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

First of all you have to report to the police regarding the cheating under section 419 and 420 farmers using your checks you have to inform to the bank as well and stop all the cheques payment you have to appear before the court and file your affidavit regarding this that you have no obligation to pay him as you have not taken any money from him and this is a cheating case and you need to file l a case in Criminal Court under Section 419 and 420 against the person and inform the court regarding this to be heard.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can get his cheque dishonored and file criminal case against him under section 138 NI act. Secondly request your bank to stop payment to the cheque and report to police that you have cheque misplaced which he has not yet sent notice. Lastly reply to the notices which he has sent you now

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Sir reply the said notice denying allegations and further get his cheque bounce and give him a further notice he shall compromise for same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since there was no contract of Guarantee, you cannot be made liable to pay the amount. You have to defend the matter in the court after taking bail and leading the evidence. Since there is no liability, the only option you are left with in the given circumstances is to defend the matter.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hi, it is advisable to send him a reply to the legal notice that he has issued to establish a defence ... You can also utilise his cheque if he do not intend to negotiate and proceed further by filing false complaint

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

You need to send him a replying, clarifying that you do not owe any debt to him and the fact regarding misuse of cheques which he is indulging into.

This reply must be sent through a lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

No problem to u u must face and do the case definitely u will win because sec 118a negotiable instruments act 1881 the burden of proof is lie on the complainent if he is not proved that the debt is not there between u and him. Then u will be acquitted from this case

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

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