Do you know cheque Bounce offences are serious criminal offences that invite 2 years imprisonment and double the amount of cheque as fine?
So one must be really careful while issuing cheques unless the liability is clearly made out.
Or else people tend to misuse your Blank/Security Cheques for ulterior motive and purpose.
This is what exactly happened in this case when the individual resorted the cheque bounce case for financially settling the score without there being a Legal Debt.
You must read it to know about how to get acquitted in cheque bounce case?
Facts of the case:
- Vivek Syal: manager of M/S life Vision Health Care .Filed case against Tushit Raj Singh of M/s Pindi Pharmaceuticals, Luck now for the offence of cheque Bounce.
- The cheque was issued by Singh for purchase of Medicine during 2012-13 of Rs 17.67 lakh.
- The cheque dishonored and returned as the account number was invalid.
- The relationship of complainant and accused was that of an agent and to run the business of complainant. Accused issued the cheque.
- So when accused get the money, he used to pay it to the complainant through cheque . But complainant stopped doing the business in 2012.
- On previous occasions also the cheques were presented and honored by accused. But for this cheque, there is no liability of accused- argued Defense Counsel.
- The Court found the argument convincing and acquitted the accused.
Accused was successful in rebutting the presumption attached under Section 139 of the Negotiable Instrument Act.Thus complainant failed to prove the case beyond reasonable doubt and accused secured the benefit for acquittal.
Otherwise also under section 139 of Negotiable Instrument Act, 1881, the accused is presumed to be under the liability of legal debt unless rebutted by him/her.
If not, then he is bound to pay and go to jail. Top/ Best/ Expert cheque Bounce/NI 138 matter Lawyer/ Advocate in Chandigarh , Panchkula, Kharar, Zirakpur, Dera bassi, Mohali are always available for free legal Advice or case specific opinion.
For more info, Dial -9988817966.