How to deal with Cheque bounce cases?

I had taken a loan from a company for 1.5lakhs wasn't able to make the payment due to some severe financial and personal problems. The loan process was completely done online and there was no physical cheque given to the company. Inspite of no physical cheque been given to the company they have filled a court case under section 138 of negotiable instrument act. Need some advice on what can be done and in this case as there is no cheque given to the company yet they have falsely claimed cheque bounce

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 01 Nov 2024

Since no physical cheque was issued, you should file a written statement in response to the court case, stating that the claim under Section 138 is invalid. Gather documentation to support your claim, including loan agreements, communication records, and transaction details. If the company falsely claimed a bounced cheque, consider filing a complaint for misrepresentation or harassment. It is advisable to consult a lawyer experienced in banking disputes to help prepare your defense and navigate legal proceedings. You may also consider negotiating with the company to reach a settlement regarding the loan repayment due to your financial difficulties.

Admin
Advocate By LEAD INDIA Answered: 06 Sep 2024

Sir, if no cheque is issued then you can defend yourself by consulting an expert lawyer specialized in cheque bounce cases. For further legal assistance contact us on our helpline number.

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