What legal defences are available in a cheque dishonour case?
I have received a legal notice under Section 138 of the Negotiable Instruments Act due to the dishonour of a cheque. What legal remedies and defences are available to the accused? Can the accused challenge the existence of a legally enforceable debt, dispute the liability, or seek dismissal of the complaint based on the facts and circumstances of the case?
Receiving a notice under the Negotiable Instruments Act does not automatically make you liable. You should immediately review whether the cheque was issued against a legally enforceable debt or liability. The accused can raise valid defences such as absence of debt, incorrect amount, misuse of a security cheque, prior payment, settlement, or other factual disputes supported by evidence. A detailed reply to the legal notice should be sent within the prescribed time. If a complaint is later filed, the accused can contest the case and present all available evidence before the court. For further legal assistance contact us on our helpline number.
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