Being accused in a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881 can be stressful and damaging. However, if you believe that you are innocent and that your cheque has been misused, there are legal remedies and steps available to protect your rights.
Here’s a detailed guide on what to do if you find yourself in such a situation:
1. Immediate Response to the Legal Notice (Within 15 Days)
When the payee (the person who claims the money) sends you a legal notice after the cheque bounces, it is crucial to act quickly.
- Time Limit: You must reply to the notice within 15 days of receiving it.
- Importance: A timely and well-drafted reply can form the foundation of your defense in court.
- Content: Your reply should clearly explain your side, including any facts showing that the cheque was misused or was not given for a legally enforceable debt.
Remember: Ignoring the notice can weaken your case. A proper legal reply can help you avoid criminal liability.
2. Complaint Filing by the Complainant (Within 30 Days)
After the 15 days' time period given for your reply, if the issue is not resolved:
- The complainant must file a criminal complaint under Section 138 before the Magistrate Court within 30 days.
- If the complainant fails to file the complaint within this period without valid reasons, the complaint can be dismissed for delay.
Thus, strict compliance with timelines is necessary both for the complainant and for you as the accused.
3. Collection of Evidence
To prove your innocence, start collecting all relevant evidence immediately:
- Copy of the cheque
- Bank statements showing no obligation towards the complainant
- Any written communication (messages, emails, letters) regarding the cheque
- Proof that the cheque was lost, stolen, or misused
- Any past history with the complainant which can support your case
Proper documentation can strengthen your defense and help the court understand the true facts.
4. Appear Before the Court and Present Your Defense
If a case is filed, the court will issue you a summons. Make sure to:
- Appear personally or through your lawyer on the given date.
- File a bail application if necessary.
- Raise all your legal defences at the appropriate stage.
- Produce your evidence and witnesses to prove the misuse or lack of liability.
Your active participation in the case proceedings is critical to achieving a favorable outcome.
5. Hire a Competent Legal Expert
Fighting a cheque bounce case can be tricky, especially when technical legal points are involved (like proving cheque misuse, absence of liability, or defective notice). Therefore, hiring a professional and experienced advocate is highly advisable.
A good lawyer will help you:
- Draft a strong reply to the legal notice
- Advise you on collecting necessary evidence
- Represent you effectively before the court
- Cross-examine the complainant properly
- File any necessary applications (for discharge, quashing of complaint, etc.)
Conclusion
Facing a cheque bounce case is serious but being wrongly accused doesn't mean you have to accept the charges silently. If you act swiftly, gather evidence, and get professional help, you can effectively defend yourself and prove your innocence.
🔵 For expert legal help and strong solutions in cheque bounce matters, contact:
Advocate Mukesh Bhatt
📞 Mobile: +91-9512605400
🌐 Website: https://advmukeshbhatt.odoo.com/
✉️ Email: bhattmukesh18@gmail.com