Legal Question in Criminal Law in India

Re: Bounce of cheque

at the time you gave the cheque, your account may have been in running condition but when the other party presented the cheque, the account might have been closed due to any reason. it is at the later stage of the case, that you get the defence that the cheque was not given toward liability but was given as a security. you must obtain bail in the first instance from the court of law.

regards

Re: Bounce of cheque

you can sue for mental torture and agony as well as for defamation.if the case is filed you can always show that the contention A/c. closed is false. I must say that when one seek help of a professional one should disclose all facts, but in your case i had a feeling that you are presenting things in the manner you feel they should be.There is not much which can help you at present but you sure had a good for defending.

Re: Bounce of cheque

Consult a lawyer of your area and sent your detailed reply to the notice U/s.138 N.I.Act.

Re: Bounce of cheque

you need not to take any action against the them but do send the reply to them that the notice is false and the money is not payable (take the help of lawyer)and as per the details given by you, you are pretty safe and dont worry. wait for case filing by them.

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Re: Bounce of cheque

As per your narration, you entrusted the cheque as security only, they presented the same and sent you a false notice saying your account is closed and demanded the money. It is extortion with threat of legal proceedings. You may proceed for criminal breach of trust and extortion

Re: Bounce of cheque

Dishonour of cheque for any reason would attract prosecution u/s.138. Offence is completed on failure of drawer of cheque to pay amount of cheque to payee within notice period.