There is no such condition of payment of 20 per cent to proceed with the case. If the Court orders you to pay 20 per cent you can go against the order of Court of High Court. It is not sufficient for the complaint to only to file case, he has also to establish that he actually paid the cheque amount to accused and under what obligation. It is matte of trial to demolish the case of complaint.
Cheque bounce
I am a student. My cousin asked me for cheques and said that his cheque book is not available and he need three cheques for seven days . The other party also agreed that he will return my cheques within seven days. He also asked me to sign an affidavit/agreement on 100 rs bond paper, which mentions an amount of 15 lakhs. Now my cousin got eloped and the other party has filed a case against me for cheque bounce. The current case status is. My bank account never have a transaction more than 5000. And since I have never took any amount from other party, so I don't have any transaction with him. Case status is "prosecution evidence" and the other party has put a petition of 20%. After paying 20% only they will have a further proceeding of the case. I don't have that much amount with me , neither my parents have. My queries are below. 1. What should be the way forward. 2. If without having any banking transaction and any valid reason , the other party can file a case against me ? 3. How we can defend this, can we appeal in higher court, so that the case can move further without paying 20% 3.
Asked 4 years ago in Criminal Law
Religion: Hindu
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9 Answers
1)cheque has been signed by you
2) you have also on affidavit mentioned that that Rs 15 lakhs is due and payable by you
3) you should appear in court and apply for bail
4) deny that there is any debt due and payable by you
5) that you have not received any money from the complainant
1. You may have to proceed with the case as per law and the documentary evidences in your side.
If the court passes an order to deposit 20% of cheque amount you cannot disobey court order.
2. You may to challenge his claim and allegations during trial proceedings accordingly.
3. Without the trial court disposing the case before it, you cannot approach high court for relief.
1. They will loose the case, because in realty you do not owe anything to these guys; and neither they will be able to show that you do.
2. Yes, because a presumption operates against you the minute you issue a cheques to a any party.
3. Challenge these proceedings before the High Court in an application under section 482 crpc .
Hi, you no other way, you have to contest the case and disprove the evidence of the Complaint. You need to contest the case seriously.
Contest the case on merits after appointing a lawyer.
Yes other party can file a case on basis of your cheque
You need to pay that amount in lower court but court can relax the same
1. If you don't know the other party , then firstly he will have to prove before the court ,how he got cheque from you
- Further , he will have to prove also that why he has given such huge amount to you , and the proof of payments as well.
- However you should appear before the court after receiving the summons of the case
2. He will have to prove the same before the court . You have to engage a lawyer for evidence.
3. If the case will go against you , then can approach the High court .
You can contact me , if further detailed suggestion needed.
Dear client,
1) You can file a criminal case against your cousin for fraud.
2) If the cheque has bounced, then the other party can file the case.
3) Based on recent laws, the 20% interim compensation cannot be ordered by the court
Thank You
Dear Querist
What are the contents of the agreement/notarized documents?
Whether it was signed by you? if yes, in what capacity? borrower or guarantor?
inform the above question and then I will be able to provide my best opinion to you.
