AI Overview...
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Cheque Bounce and Loan Repayment - Several cases involve the accused issuing cheques towards repayment of loans or security deposits, which later bounced. In most instances, the accused had borrowed money (e.g., Rs. 2.5 lakh, Rs. 2 lakh) and issued post-dated cheques as security or repayment, which were dishonored, leading to legal proceedings under Section 138 of the Negotiable Instruments Act J. Nagaraj vs H.K. Shantaraj - Karnataka, Sow. Laxmibai Sakharam Misal VS Raosaheb Pandurang Kale - Bombay, R. Jacob Pon Paulraj VS Jose Jelris - Madras, Sathyanarayana Jetty VS Shivalingaiah - Karnataka.
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Accusation of Giving Money to Son - In some cases, the accused's defense or allegation involves claiming that the complainant received money from the accused's son, or that the cheques were issued in favor of the father or son, raising questions about the true payee and the validity of the debt SURESHBHAI N. SHAH V/s KISHORBHAI C. CHHAG OCC.BUNISESS - Gujarat, Rosa Maria Fernandes VS Nauso N. Kepkar - Bombay.
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Legal Proceedings and Court Findings - Courts have examined whether the cheques were issued for valid debts, the proper service of notices, and the authenticity of the documents. Some courts found the complaints exaggerated or fabricated, especially when allegations of forgery or manipulation of bank documents were involved. For example, in one case, fake receipts and fabricated cheques were alleged, leading to the complaint being viewed as a counterblast to FIRs ASHOK KUMAR GOEL VS BRANCH MANAGER ICICI BANK - Consumer.
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Burden of Proof and Presumption - Under Section 138, the presumption of debt arises when a cheque bounces, but the accused can discharge this burden by proving the cheque was not issued for a debt or was obtained fraudulently. Evidence such as service of notices and the nature of the transaction are critical in establishing the case M/s Radhesham Laxminarayan and Co. vs Kashmirilal s/o Harising Gupta - Bombay.
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Defense and Circumstantial Evidence - Several cases highlight defenses like the cheque being issued in favor of a third party, the amount being paid through other means, or allegations of collusion and forgery. The conduct of the complainant, such as giving cheques to sons or for purchases, influences court judgments Mohan Kumar S/o Shankar Rathod VS Syed Mohd Ali S/o Syed Samshoddin - Karnataka, B. L. Boolani VS Nithin Jain Paragon Plastics, Bengaluru - Karnataka.
Analysis and Conclusion:
The core issue in these cheque bounce cases revolves around whether the cheques were issued for legitimate debts or security and whether the complainant has established the debt's validity. Allegations that the complainant received money from the accused's son or that cheques were misused or forged are common defenses. Courts scrutinize the issuance context, service of notices, and supporting evidence to determine guilt. Overall, the cases reflect the importance of clear documentation and the challenges in proving debt when cheques are dishonored, especially amidst allegations of forgery or third-party involvement.
References:
- J. Nagaraj vs H.K. Shantaraj - Karnataka, Sow. Laxmibai Sakharam Misal VS Raosaheb Pandurang Kale - Bombay, R. Jacob Pon Paulraj VS Jose Jelris - Madras, SURESHBHAI N. SHAH V/s KISHORBHAI C. CHHAG OCC.BUNISESS - Gujarat, ASHOK KUMAR GOEL VS BRANCH MANAGER ICICI BANK - Consumer, Rosa Maria Fernandes VS Nauso N. Kepkar - Bombay, M/s Radhesham Laxminarayan and Co. vs Kashmirilal s/o Harising Gupta - Bombay, Sathyanarayana Jetty VS Shivalingaiah - Karnataka, Mohan Kumar S/o Shankar Rathod VS Syed Mohd Ali S/o Syed Samshoddin - Karnataka, B. L. Boolani VS Nithin Jain Paragon Plastics, Bengaluru - Karnataka
Search Results for "Cheque Bounce Accused Said Complainant Gave Money to his Son"
2025 Supreme(Online)(Kar) 16090 • India - Karnataka High Court
Rajesh Rai K, J
in a cheque bounce case. ... in 2012 and issued a cheque which bounced. ... The accused issued a cheque towards repayment of a hand loan, which was dishonored. ... Accordingly, the accused opened a bank account and obtained cheque book. From the said cheque book, 10 cheque leaves were given to the complainant by the accused as a security. ... Thereafter, the #HL....
2015 0 Supreme(Bom) 2491 • India - Bombay
T.V.NALAWADE
When the cheque bounced, the complainant filed a complaint under section 138 of the Negotiable Instruments Act. ... Fact of the Case: The complainant alleged that the accused, a close relative, took a hand loan of Rs. 2.5 Lakh and ... issued a post-dated cheque for repayment. ... It is contended that due to the relationship, the complainant gave a hand loan of Rs. 2.5 Lakh and the accused assured to return the money#HL_E....
2018 0 Supreme(Mad) 2200 • India - Madras
G.JAYACHANDRAN
Fact of the Case: The accused borrowed money and issued a post-dated cheque, which bounced. ... Cheque Bounce - Negotiable Instruments Act - Section 138 - Summary: The court discussed the legal provisions of Section 138 of ... the Negotiable Instruments Act and the burden of proof on the accused to discharge the presumption. ... For the loan availed, he gave signed cheque and pronote to Patchaimuthu, father of the compla....
2024 Supreme(Online)(GUJ) 23996 • India - High Court of Gujarat
HEMANT M. PRACHCHHAK, J
7.1 Mr.Vyas, learned counsel has submitted that the complainant has no right to state that he is a payee or holder in due course of the cheque because the cheque issued in favour of the father of the complainant and even at the time of issuance of statutory notice under ... Considering the facts of the case, it reveals that the cheque in question was issued in favour of father of the complainant towards the debt and during the course of clearance of the cheque, the dr....
• India - Consumer
O.P.GUPTA
Finding of the Court: The court found the complaint to be exaggerated and a counterblast to the FIR registered by the accused ... The court emphasized that the complaint was a counterblast to the FIR registered by the complainant and contained allegations that ... Fact of the Case: The complainant alleged that the bank engaged in unauthorized transactions, cheating, and manipulation ... Sudhakar handed over fake fabricated cheque deposit receipts of ICICI bank which was fabricated by him in connivance with ICICI bank.....
2010 0 Supreme(Bom) 53 • India - Bombay
R.M.SAVANT
the cheques, in a way speaks volumes about the conduct of the complainant and the case of the accused that the said cheques were ... - It was contended by the complainant that the cheque was issued in pursuance of the payment of loan taken by the accused - Held ... - Trial Court acquitted him - So many cheques were given to accused to purchase shop and these cheques were paid by son#HL_E....
• India - Bombay High Court - Bench at Aurangabad
A.I.S. CHEEMA, J
(A) Negotiable Instruments Act, 1881 - Section 138 - Appeal against acquittal - Original complainant claimed bounced cheques were ... issued for debt repayment - Trial Court held notice duly served; however, the Sessions Court acquitted the accused for lack of proof ... evidence supporting that telegrams and registered post notice were duly served and received - The evidentiary burden shifts to the accused ... I find that, the complainant had given sufficient notice to the ac....
2022 0 Supreme(Kar) 895 • India - Karnataka
H. P. SANDESH
Act - Cheque Bounce - Section 138 - Summary of Acts and Sections: The court discussed the provisions of Section 138 of the Negotiable ... The cheque was dishonored, and the complainant filed a complaint under Section 138 of the N.I. Act. ... Fact of the Case: The petitioner borrowed Rs. 2 lakh from the complainant and issued a post-dated cheque as security ... The counsel also would submit that no cheque was issued in favour of the complainant and ....
2020 0 Supreme(Kar) 2325 • India - Karnataka
P.N.DESAI
But the accused did not return the amount inspite of repeated request - Then accused issued a cheque to complainant in discharge ... , or with both - Keeping in mind settled principles regarding imposition of sentence in cheque bounce case, in my considered view ... of said debt or loan - Whether plots were sold by complainant are still in existence or not - He has clearly admitted that cheque ... The accused has f....
2020 0 Supreme(Kar) 1242 • India - Karnataka
N.K.SUDHINDRARAO
Act - Cheque Bounce - Sections 138, 118, 139 Fact of the Case: The accused borrowed a sum of Rs.2,00,000/- from the ... complainant and issued two cheques for the same. ... claim of collusion between the complainant and another individual. ... In other words, Bharath Kumar Shetty has helped the complainant to make mis use of the cheque. The cheque amount originally it was adjusted to disburse the compensation to the workers. Howeve....
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