How To Defend A Cheque Bounce Case?




Cheque Bounce is a criminal offence and is punishable for a term not exceeding two (2) years or fine which may extend to twice of the cheque bounce amount or with both.

 However, there are many circumstances in which drawee or receiver of cheque can file the false case to create pressure on the drawer or issuer of cheque to fulfill his or her ulterior motives. 

 However, the drawer or issuer of cheque can defend himself or herself by taking some important steps as mentioned below.

 1. Immediately stop the payment via your bank and file a police complaint if someone can misuse your cheque or have misused the same. In complaint, you can mention in brief about the circumstances when and why the said cheque was given to that person.

 2. If someone has taken your cheque forcefully then you must stop the payment first via your bank and can make a complaint about the same incidence in your nearest police station immediately.

 "Filing the complaint in the nearest police station is most important step to strengthen your case in the court that you are not guilty."

 3. If someone is asking for your cheque as security, then you must sign an agreement in which it can be clearly stated that the cheque under security shall not be used for any purpose whatsoever in nature, if drawer or issuer makes the payment on time. Even, drawee or receiver will return the said cheque to drawer or issuer if payment is made on time.

 If the drawee or receiver still misuses the cheque and send you the legal notice then you will receive the said notice and will mention all the facts in detail. In the reply to said legal notice, you will clearly mention that payment has been already made and shall advise drawee or receiver to return the cheque immediately, otherwise a strict legal action can be taken against this unlawful act.

 4. Always receive the summon sent by court and you must appear in the court on a fixed date; otherwise warrant can be issued against you.

 5. Patiently check the evidences filed by the complainant in the cheque bounce case and you shall surely find the shortcomings in the said evidences, if a false case has been filed against you. 

 6. Cross Examine the complainant or witnesses with the help of evidences filed by him.

 7. File the application in section 315 of Code of Criminal Procedure which says that an accused person to be competent witness. It is also in your favor as who knows your case better than you, so you must file the said application to appear as witness in your case and can counter the allegations levied upon you by the complainant. Statement recorded under section 315 of CrPc can be exhibited as an evidence with your complaint.

 8. You have to prove in the court that the cheque in question was not issued for any debt or liability, as section 139 of Negotiable Instruments Act, 1881 says that it shall be presumed, unless the contrary is proved, that drawee or receiver of the cheque received the same on account of discharge of liability by drawer or issuer. 

 You have to rebut the said presumption in the court with the help of your statement recorded in the section 315 of CrPc and evidences filed by you. You can also use the materials submitted by complainant in order to raise a probable defence. Basically, you have to create the preponderance of probabilities to prove that there was no legally enforceable debt or other liability.

 9. You and your witnesses will be cross-examined by the advocate of complainant and for the same, you can take guidance of your advocate, prior to your date of case, about how to reply the questions of the complainant's advocate.

 10. After cross-examination of both parties, matter will be argued in the court and you can use the judgments of various high court and supreme court to strengthen your arguments.

 11. After the aforesaid stages, court shall pronounce the final judgment and you may win the case if you are not guilty. ☺

 

Article Written By: Mr. Raman Sharma (CS, LLB, DIM, B.Com)

Contact: barristerramansharma@gmail.com 

 

 

Comments

  1. UnknownFebruary 28, 2022 at 10:11 AM

    Very useful information for all, presented in such a way so that everyone can understand, thanks a lot Vakeel Sahab

    ReplyDelete

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