• Cheque Bounce and Promissory note case

I was in depression and anticipation of job appointment in September,2017 and I sought help of a friend ,Pavan who said he is close and knows a popular minister. They said they will help based on some guarantee and so the minister contact person told to sign a promissory note between me and pavan for trust. So I have been fooled by these people and in hurry of getting job, I signed as anyways he is my friend and he won't do any harm. I and pavan are job aspirants and don't earn anything in 2017 and pavan had no financial capacity also. 

So, I signed a promissory note of friendly loan of 33 lakhs cash with pavan and also have signed empty cheques of bank which is mentioned in note with lock in period till 2022 and interest 3%.i forgot all these later.These people didn't help anyways and I fought a legal case on my own at CAT and got appointmnt in 2020.i askd pavan many time to return all papers but he said they r lost somewhere. 

Now pavan who is still jobless and has no source of income has cheated me and got to know about my joining and he has put recent dates of August 11,2020 on signed cheques in bank and he has given me a notice of cheque bounce under 138NI act and also filed in civil court and got me summon. 

I cannot state all these job thing in legal notice and replied to notice that pavan himself is jobless and he doesn't have any financial capacity of 33 lakhs. Also mentioned I have once prepared signed promissory notes, cheques and papers for taking loan from friend and pavan has stolen from me and manipulated it by getting typed as per his favor though signs/thumb impressions are mine not serviced to pavan. I have also filed a police FIR after getting legal notice that pavan stolen my papers and cheques and I got to know all this Only after seeing legal notice.

Before legal notice, I got a bank message to mobile that some one submited cheque of 33 lakhs on August 13 so blocked these cheques by complaining to bank manager also. On 18th August, 2020,pavan tried cheque got bank memo that Payment is stopped by Drawer and he has enclosed this as reason in 138NI and sent me legal notice on August 25 which I replied on September 7.he filed a court case on September, 29.

Please read above in detail and dates. 

1.I cannot state all the job thing as reason to court. I have signed promissory notest and thumb impression receipts and cheques. There was never any money transfer & he is blackmailing.what are all my defensive points? 

2.33 lakhs by cash that too in demonetisation time & person has no source of income or job. Is it valid and does court consider it? He got married & can say he got from wife or known person? 

3.payment stopped by drawer is it a reason for 138NI ? 

4.in promissory note I signed as both lender & borrower by mistake that time. Pavan signed on top of my signature with his at lender. Does it help in advantage. 

5.i got summon letter. Can't I delay w/o attending? 

Pls answer point wise
Asked 5 years ago in Criminal Law
Religion: Other

3 answers received in 2 hours.

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5 Answers

1. Your defence is that you have to state the facts before court that you never borrowed that amount and he is not in a position or having any source to lend such a huge money.

2. Let him say anything, you have to concentrate on your case alone.

3. Yes, that also attracts the provision of section 138 of NI Act.

4.  It depends on how strongly you present your arguments utilising these contradictions.

5. If you have received the summons, then it becomes your duty to attend the court on the date of hearing or else you will be set exparte and the case will be decided in your absence against you.

 

T Kalaiselvan
Advocate, Vellore
89981 Answers
2492 Consultations

  Court would consider your defence 

 

2) you can cross examine complainant 

 

3) payment stopped by drawer amounts to an offence under section 138 NI 

 

4) you have to appear in court and apply for bail 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

1. You can take plea that the said cheques were given for security purposes with the condition to return the same if loan not given. 

- Further regarding his income for borrowing amount .

2. Yes 

3. Stopping the payment is also a ground under the N.I,Act for filing a bouncing case

4. It depends upon the evidence which you will produce in support of your defence. 

5.If you will not appear before the court after receiving summons in cheque bouncing case  then court will issue warrant against you .

Whereas in civil case , in your absence court will passed decree for paying the amount. 

 

You can contact for further suggestion if needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You need to establish that there is no legally enforceable liability. 

You need to appoint lawyer and file exemption application

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

If you stop the pay cheque you have given to anybody which is rendered for the services you have availed or if the cheque served is legit, then the receiver of the cheque can make a legal move against you and the step will be treated as a bounce cheque if money is not transferred in the receiver’s account and penalty will be levied on both the bank accounts as per the bank norms. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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