Legal Question in Banking Law in India

cheque bounce

what if the payee says that the cheque was signed by him under some pressure or.(eg: I asked a loan from him so he issued a cheque. ).will this be treated as criminal offence against the person who issued the cheque


Asked on 5/08/08, 12:54 pm

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: cheque bounce

Please re-word your question.

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Answered on 5/09/08, 4:30 am

Re: cheque bounce

Did the accused lodged any compalint in this regard with police etc?If not,then he can not take any advantage.No,it is not a criminal offence if accused say that he issued the cheque under pressure.In case of need conatct with details,professional charges are applicable.

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Answered on 5/13/08, 5:34 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: cheque bounce

this defence is to be proved in trial to disprove the case under 138 . prsumption is that it ws for valid consideration

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Answered on 5/14/08, 10:02 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: cheque bounce

If you are talking about the drawer of the cheque he is require to prove the same to the court's satisfaction.

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Answered on 5/09/08, 11:33 pm
J. Radhakrishnan independent Practice

Re: cheque bounce

your question itself is not properly worded."payee" is the person in whose favour the cheque is issued. "Drawer" is the person who issues/signs the cheque. Mere accusation by the drawer that he signed the cheque under pressure will not be treated as a criminal offence against him or the payee. Please avoid hypothetical and inconsequential questions on this forum.

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Answered on 5/08/08, 9:55 pm


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