• Cheque bounce accused

My friend operated my bank accounts for online betting and he had my cheque books too.He did the same with another known of mine.we were students those days.He subsequently blackmailed us by filling those cheques in amount of 30 lacs 50 lacs in my cheques and65 lacs in the other person's cheque.the other person is dead now as he succumbed to the threats,met a road accident.After failing to get money from me he presented those cheques in the bank and they were dishonoured.I had informed the bank in written that entire cheque book is stolen and the bank stopped the payment of the cheque book and the charges were deducted for the same which reflects in the passbook.He moved the court under NI Acrand presented the cheque of 30 lac rupees.As the proceeding underwent,my friend and his father from there side were the complainant and witness.My lawyer asked his source of income to which he said that he did not have the money and the money belongs to his father.on asking his father about the source of such a huge some ,he said he does not pay income tax and arranged it from different people.My lawyer is contesting the case on the merit of the word VALID DUE as the complainant did not have the money,and his father too has no source to provide such। a huge amount.Moreover they have given 30 lacs 50 lacs 65 lacs to students without any reason.Now their witness is over and it\'s my turn when his lawyer will question me.One major concern। is that though I had stopped the payment of all the cheques and the cheque in question is still showing stop payment on bank computer terminal,the bank returned the cheque with the memo FUND INSUFFICIENT/SIGN DIFFER which should not have been the case.We requested the court to call the bank manager to explain the same but the court denied giving the reason that bank manager will be called after my witness,revision petition was also rejected by ADJ.I am in serious trouble as people from the court say that whatever may be the situation,session court magistrates don\'t decide cases in favour of accused for such big amounts now days.What should I do now?Both of us are govt servants now.Cheques are not in my writing,one stamp paper is there which is also not in my writing.Please advice me where is this case heading? No source of such funds has been given by them,doesnt it fall in the black money category which cant be recovered?Not a single penny was deposited in my bank account by him by any cheque or other means.
Asked 2 months ago in Criminal Law from Delhi, Delhi
Religion: Hindu

Hello

          A case has been filed by the opponents and they have no proof as to the source of money they gave you and neither do they have any money. You should file an application for quashing of the case against you u/s 482 before the hc so th hat you may get appropriate relief. The case should be quashed.

Regards 

Rahul Mishra
Advocate, Lucknow
2585 Answers
9 Consultations

5.0 on 5.0

You have not been examined in chief yet.

First you examine yourself in chief and get cross examined.

After that you file a petition under section311 cr.p.c. to summon the bank manager, get him examined on the point of observation.

After that you can present your argument mentioning the manipulation of sign in your cheque and fabricated pronote.

 

 

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

It has to be proved that there is debt due and payable 

 

2) complainant has no source of funds 

 

3) further there is material alteration in cheque without your consent 

 

4) if convicted you can file appeal against order of conviction 

Ajay Sethi
Advocate, Mumbai
58467 Answers
3534 Consultations

5.0 on 5.0

1. Well, since the drawee did not have any agreement with you ad regards payment of such huge amount, the absence of debt to them can be proved by you.

2. It further appears that the complainants have failed to prove that you indeed owned them any money.

3. in that event their case becomes weakened.

4. Now as regards the actual treason of dishonor , it can be said that the cheque was dishonoured and the reason being insufficient fund will not cause any problem in your defence case.

5. However it would be good if you manage to prove the letter informing the bank to stop payment of those cheques.

Good luck.

Devajyoti Barman
Advocate, Kolkata
15739 Answers
218 Consultations

5.0 on 5.0

See first of all there is no legal debt so there case is very weak.

Further in the case you can state that you have stopped payment and then also bank returned cheque with these endorsement further sign on cheque book not your send it for FSL request court for same along the agreement. This case will be rejected. You can bring on record the stop payment thing and there won't be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
13121 Answers
50 Consultations

5.0 on 5.0

1)You should contest the case on merits. 

2)you can claim that the cheque was obtained fraudulently for which you can provide various circumstantial evidences, your lawyer will help in that.

3)f there is no bank transaction of the amount. It is also a benefit point for you.

4)If there is forgery signature on promissory note then it is also a defend for you. 

 

Mohammed Mujeeb
Advocate, Hyderabad
5502 Answers
3 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that they always had the intention to cheat you.
  2. There has been a settled principle of law which says that the complainant should have source of income to give that much of amount and reason for giving it.
  3. And there is not a single transaction in your bank account or any receipt showing that you have take money from them.
  4. And you have already intimated the bank about your lost of cheque book, so bank is also here at fault.
  5. You please go ahead with the case, I have believe that you would succeed, just stick to your statements.

Sanjay Baniwal
Advocate, South Delhi
3412 Answers
7 Consultations

5.0 on 5.0

1. Your case is prima facie heading towards conviction.

2. In a cheque bounce prosecution under 138 NI Act the presumption is in favour of a legally dischargeable debt, and the onus is on the accused to rebut it.

3. Since the revision petition was also dismissed by the Sessions Court you should go to the High Court against that order.

4. Failure to prove the source of funds is not tantamount to black money. 

Ashish Davessar
Advocate, Jaipur
25432 Answers
723 Consultations

5.0 on 5.0

Dear Sir,

Your case is very well contestable as the complainant has failed to show the liability and source. 

Questions to be ascertained when request to stop cheques were made before the presentation of cheque then the word fund insufficient won't matter lot.Any police complaint for the same.?

Have you provided your list of witness which includes bank manager too?

 

Anand Shukla
Advocate, Delhi
364 Answers
6 Consultations

4.9 on 5.0

Respected sir     

Ask your lawyer to argue on facts that all are more than sufficient to prove your version. ... You just need to explain how he get your cheque and that might be give in suggestion by your advocates... .though they don't have any source of money so they are are Faliing in there own trap so you need not to worry that much..  

 

Thank you

Dinesh Sharawat
Advocate, New Delhi
756 Answers
3 Consultations

4.9 on 5.0

You may get acquittal as there is no legally enforceable liability and no source of income of Complainant.

Prashant Nayak
Advocate, Mumbai
6120 Answers
5 Consultations

4.8 on 5.0

you can file appeal against conviction order before HC 

 

2) trial court does pass orders after considering evidence on record 

 

3)the problem in your case is even if payment is stopped by drawer complaint under section 138 NI is maintainable 

 

4) it is necessary to peruse evidence led before trial court to advice further 

Ajay Sethi
Advocate, Mumbai
58467 Answers
3534 Consultations

5.0 on 5.0

if the case has been dismissed without listening to you then you may now file an appeal before the HC and yes definitely the situation is better in the HC.

Share entire file and documents with an advocate who may do the needful for you. 

Regards 

Anilesh Tewari
Advocate, New Delhi
14517 Answers
205 Consultations

5.0 on 5.0

Yes you should approach high court they will listen you there . There is a serious mistake on part of bank and lower court.

The high court will.definetly listen to you and grant you relief.

 

In no asset in your name nothing then there shall be imprisonment on conviction and execution but she i see a hope in your case engage good high court advocate and you will get relief.

Further the high court shall also will grant stay on lower court order pending appeal.

 

See there are sometimes mistake from lower court so this is debatable but now you need to approach high court.

Shubham Jhajharia
Advocate, Ahmedabad
13121 Answers
50 Consultations

5.0 on 5.0

Do you know that stop payment of the cheque will also attract the provisions of section 138 of NI act.

Since the matter is still under trial, you may file a petition under section 315 cr.p.c. to examine yourself as defence witness and let out the facts before court including the circumstances that how this cheque happened to be given to the complainant etc.

In fact you can even summon the bank manager to depose evidence and extract the facts and background of the cheque bounce memo.

You can place your arguments strongly highlighting all those incidents in your favor.

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

you need to bring the same on record through cross examination or examining witnesses in your favour and rebutting the presumptions u/s 118 and 139 of NI Act.

Prashant Nayak
Advocate, Mumbai
6120 Answers
5 Consultations

4.8 on 5.0

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