Over the last few years, the Indian courts have been overwhelmed with cheque bounce
cases filed under Section 138 of the Negotiable Instruments Act, 1881. With a large number of false cheque bounce cases, the real question which has risen over time is
how to escape from these cheque bounce cases? You can escape a baseless or false
cheque bounce case by having a good lawyer to represent you.
The Legal Remedies to follow during a false cheque bounce case :
When a cheque is dishonoured by virtue of Section 139 of the Negotiable Instruments
Act the court has to presume that the cheque was received by the holder for the discharge, in whole or in part, of any debt or liability. However this is a rebuttable presumption. If the accused shows that there was no existing debt or liability at the time of presentation of cheque for encashment, then offence under Section 138 would not be made out. The important thing is that the burden of so proving would be on the accused.
Raise a Probable Defence Before Court:
The bare denial of the passing of the consideration apparently does not appear to be any
defence. Something which is probable has to be brought on record for getting the benefit
of shifting the onus of proving to the Complainant. To disprove the presumption, the
accused has to bring on record such facts and circumstances upon consideration of which the court may either believe that the consideration did not exist or its non- existence was so probable that a prudent man would, under the circumstances of the case, shall act upon the plea that it did not exist.
An accused must show, by positive evidence or pre-ponderance of probabilities, non-
existence of the consideration by proving the necessary facts and circumstances, either
by direct evidence or by bringing on record requisite material, possibly even through the
evidence of the complainant, leading the court to believe that the existence of the consideration was doubtful or illegal. A bare denial of liability obviously cannot suffice. It
is the onus of the accused to show the improbability by some evidence on record.
It is possible to avoid the unnecessary legal hassle of a false cheque bounce case by
consulting an experienced lawyer for cheque bounce case in India who can guide you
about the correct action to take at the right stage before it’s too late. Easy Kanoon has
the best lawyers for cheque bounce case in India to deal with a false cheque bounce
- The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
- Easy Kanoon has the best lawyers to deal with cheque bounce cases in India. Email us at email@example.com