If it was blank cheque then complainant can fill in details and present cheque
2) you should cross examine the complainant regarding cash payment
3)in your evidence deny receipt of cash . Take the plea that there is no debt due and payable
Cheque bounce case
My Father-in-law is an ex-army person given a Blank cheque with only Singature to his friend before year 2000 and took cash of Rs.20000/- Later date this amount has been paid but his friend told that cheque is misplaced & will return back when he will find it.Since they know each other, my father in law kept quiet. After many years (15 years), his friend has sent legal notice saying that my father in law has taken cash of RS.160000/- from him in Aug 2015 and the same will be return in a year. After demand for money, he has mentioned in the notice that cheque has been given to him in the year Aug 2016. He used this old cheque and naturally cheque will return back unpaid, as it was very old cheque. Bank has mentioned the reasons that a) Refer to Drawer and no proper account maintained, not valid now. He has put Cheque bounce case and it is going in court.Now it has come to evidence stage. My questions are: 1) 20 years old cheque is valid to accept cheque bounce case in a court. It is very old format with 3 digit account no. 2) My father-in-law has not taken any cash from him and what kind of evidence is required to prove it. 3) IS there any case reference of similar kind
Asked 3 years ago in Criminal Law
Religion: Hindu
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9 Answers
You need to contest the same on merits. Challenge the process of the said case Or file quashing of complaint before High court. All the rest things stated by you are matter of trial
1. As per the N.I.Act , a cheque should be present before the court within a period of 30 days from the date mentioned on the cheque .
- If the cheque date is showing 2016 , then it means this case was filed in the same year , otherwise this case is not maintainable.
- Further, it is clear that your father in law has handed the said cheque in blank after signing the same , and thats why the said person has written Rs.160000/- himself instead of 20,000/-
2. Your father in law will have to prove that he has returned the amount of Rs.20000/- to him , and the said cheque was in blank , and it was given 20 years ago
- He can call the witness from the bank to give the details of cheque and the closing date of his account .
1. It is a matter of argument and depends on the strong arguments made in defence by the accused side advocate to repudiate or deny the allegations with the help of documentary evidences to rebut the same.
2. It is pertinent on the side of the complainant to prove the same because the burden to prove the allegations lies on his shoulder.
3. There are thousand of decided cases in this regard, you can ask your advocate to search for appropriate case laws to defend your father in law's interests.
Hi,
1. That is the 20 year old cheque. Now everything is being based on cross examination which will be very technical and should be done with caution.
2. Kindly mention is there any written proof or recording of the person filing complaint.
3. Yes whence the cheque is bounced criminal complaint is maintainable
Rgds
It is Non CTS cheque i.e Non core Banking system. Core Banking system was introduced in 2005 as per Bank. Signature on cheque was done before 22-23 years. Based on above i.e Non core Banking Cheque and age of Ink(Singature), can we put our arguments in this case. Accused is an Ex army person with age of 75years and fighting for no mistake.
Asked 3 years ago
The rebuttal can be made on the basis of the reliable information and the merits on your side.
You can be in touch with your advocate and discuss with him about presenting a strong argument in your favor to get the case acquitted.
Main defence should be there is no debt due and payable
deny that any cash was received
You can go for quashing of complaint on above ground.
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
- Yes, the cheque issued before 23-23 years is not valid for the recovery of the amount , and even not maintainable.