CHEQUE BOUNCE CASE
How to face a false cheque bounce litigation?
In India, the biggest law problem is that anyone can file the case against anyone even with a small iota of evidence as it is not taken seriously in trial and lower courts. For example, it is the Court's duty to ensure all the facts of the case at the time of verification before issuing any summons pursuant to Section 138 criminal complaint, but it simply does not happen and summonses are issued due to the appearance of local bar lawyers or for any reason whatsoever, and therefore there are many cases where the appeal is filed to quash summons and case and expenses even if you do so Section 138 is a very popular section among commercial and market traders and, in law, it deals with Cheque Dishonoured cases / Cheque Bounce case. This particular article only deals with the scenario where either you are not at all relevant to the case or you are relevant in Section 138 proceedings, but the check was not for the transactions for which the case is filed. Regarding the former act, you can approach High Court for quashing, and if you can show you non-relevance in the case, the case will mostly be quashed against you. However, in later cases, the chances of quashing are lower as you face the trial, and that's where you feel a burden and most of them are under pressure. Well, it's always advisable to keep your lawyer in your contact list and be ready to take advice and don't ignore this aspect to avoid legal costs.
Under Section 138, the best part is that it is mandatory that notice be issued and assuming it is issued to you before any court case is filed, and you believe that this is a false case, then it is always better to reply to your legal notice with full facts and defence. Please note that reply notice is not a simple task, but requires a full-length strategy against the case and therefore take legal counsel 's assistance.
Whether you're in business or else, it's always necessary to give good costs and budget to make the legal system compliant with "Pre-Litigation Measures Compliance," and if you're able to complete and maintain "Pre-Litigation Measures Compliance," there's no doubt you'll be saved in such a false case.
Tips in false cases against you under Section 138:
-- Always avoid giving extra security checks or payment checks and always keep the check records. Assuming you replace the checks, make sure you collect the earlier check and put everything in writing.
It is almost compulsory for you to instruct your account department or relevant departments or all office staff not to email any debt acknowledgement, as this will weaken your case
Please all "Compliance with Pre-Litigation Measures"
Be ready with all the documents, agreements, correspondences, etc. related to the transaction you had with the notifier
-- If you receive a Request Notice under Section 138 or otherwise, assuming Section 138, please take the Lawyer's opinion and ensure that the reply is drafted. In my article "Received LEGAL NOTICE= Don't Panic = Some Tips to REPLY," I gave tips to respond to the legal notice. Respond very carefully and tactfully
You must be prepared that if that person notifies you or possibly there is a chance that he will file the case and, therefore, in this scenario, speak to your lawyer and try to file a counter claim, if there is a claim or a legal notice from your end warns him not to take such action, you will file other claims for damages and it is also preferably good to inform your association if both
If the case is filed, then you can try your hand to file the summons and case quashing and try to inform the Court why this case is dismissed.
-- Assuming the case is not dismissed but ordered for trial, then nothing else chooses an attorney to defend the case and go to the fight in your favour, and you can file the damage suit if you think so or other steps as that particular case requires. Take advice from lawyers who intend to avoid courts and use courts as a last resort
Try to talk to a common friend and close the matter in a friendly manner, but not at the cost of paying or settling against you or otherwise, but to avoid litigation. Please note that most of the time taking this route calls for EGO and is also called lowering your head and hence most lawyers avoid this statement as you may leave such lawyer and look for something else that is not a good option. Ethical and experienced lawyers will always take care of yours and be ready for his opinion, and if you want you can take a second opinion and then take a call.
In India, the biggest law problem is that anyone can file the case against anyone even with a small iota of evidence as it is not taken seriously in trial and lower courts. For example, it is the Court's duty to ensure all the facts of the case at the time of verification before issuing any summons pursuant to Section 138 criminal complaint, but it simply does not happen and summonses are issued due to the appearance of local bar lawyers or for any reason whatsoever, and therefore there are many cases where the appeal is filed to quash summons and case and expenses even if you do so Section 138 is a very popular section among commercial and market traders and, in law, it deals with Cheque Dishonoured cases / Cheque Bounce case. This particular article only deals with the scenario where either you are not at all relevant to the case or you are relevant in Section 138 proceedings, but the check was not for the transactions for which the case is filed. Regarding the former act, you can approach High Court for quashing, and if you can show you non-relevance in the case, the case will mostly be quashed against you. However, in later cases, the chances of quashing are lower as you face the trial, and that's where you feel a burden and most of them are under pressure. Well, it's always advisable to keep your lawyer in your contact list and be ready to take advice and don't ignore this aspect to avoid legal costs.
Under Section 138, the best part is that it is mandatory that notice be issued and assuming it is issued to you before any court case is filed, and you believe that this is a false case, then it is always better to reply to your legal notice with full facts and defence. Please note that reply notice is not a simple task, but requires a full-length strategy against the case and therefore take legal counsel 's assistance.
Whether you're in business or else, it's always necessary to give good costs and budget to make the legal system compliant with "Pre-Litigation Measures Compliance," and if you're able to complete and maintain "Pre-Litigation Measures Compliance," there's no doubt you'll be saved in such a false case.
Tips in false cases against you under Section 138:
-- Always avoid giving extra security checks or payment checks and always keep the check records. Assuming you replace the checks, make sure you collect the earlier check and put everything in writing.
It is almost compulsory for you to instruct your account department or relevant departments or all office staff not to email any debt acknowledgement, as this will weaken your case
Please all "Compliance with Pre-Litigation Measures"
Be ready with all the documents, agreements, correspondences, etc. related to the transaction you had with the notifier
-- If you receive a Request Notice under Section 138 or otherwise, assuming Section 138, please take the Lawyer's opinion and ensure that the reply is drafted. In my article "Received LEGAL NOTICE= Don't Panic = Some Tips to REPLY," I gave tips to respond to the legal notice. Respond very carefully and tactfully
You must be prepared that if that person notifies you or possibly there is a chance that he will file the case and, therefore, in this scenario, speak to your lawyer and try to file a counter claim, if there is a claim or a legal notice from your end warns him not to take such action, you will file other claims for damages and it is also preferably good to inform your association if both
If the case is filed, then you can try your hand to file the summons and case quashing and try to inform the Court why this case is dismissed.
-- Assuming the case is not dismissed but ordered for trial, then nothing else chooses an attorney to defend the case and go to the fight in your favour, and you can file the damage suit if you think so or other steps as that particular case requires. Take advice from lawyers who intend to avoid courts and use courts as a last resort
Try to talk to a common friend and close the matter in a friendly manner, but not at the cost of paying or settling against you or otherwise, but to avoid litigation. Please note that most of the time taking this route calls for EGO and is also called lowering your head and hence most lawyers avoid this statement as you may leave such lawyer and look for something else that is not a good option. Ethical and experienced lawyers will always take care of yours and be ready for his opinion, and if you want you can take a second opinion and then take a call.