Legal Question in Criminal Law in India

Re: cheque dishonour

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

As you say that you issued two cheques and later on you stopped the payment so cheques were returned by bank with returning memo payment stopped by drawer. Now you have received a legal notice under section section 138 read with section 420 Indian Penal Code. As you say that payee is not entitled to receive the cheque amount . ON FILING OF CASE BY PAYEE, YOU HAVE RIGHT TO DEFEND YOUSELF AND TO PROVE HOW THE COMPLAINANT/ PAYEE NOT ENTITLED FOR CHEQUE AMOUNT.SO DEFEND THE CASE IF FILED.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

Re: cheque dishonour

You have not mentioned as to

(a) why did you issue the cheques? and

(b) How the payee is not entilted?

The fact that the payee has issued a legal notice means that the payee is entitled to receive payment from you for some services rendered or goods delivered.

For an appropriate advice, you should provide details of the transaction and why at all the cheques were issued by you.

In any case, if you think you are not liable, you may take this defence in court when the payee starts your prosecution. If you want to avoid prosecution, provide us the information sought above for proper examination of the issue.

Re: cheque dishonour

Reply the Notice.

Despite reply, if payee proceed with case, then you need to defend yourself in the Court.

Re: cheque dishonour

Reply to the notice thru an advocate stating your facts.