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Best Lawyer for Cheque Bounce Cases in Pitampura Delhi

Best Lawyer for Cheque Bounce Cases in Pitampura

BEST LAWYER FOR CHEQUE BOUNCE CASES IN PITAMPURA

Dua’s & Dua’s, Advocates & Consultants, led by the Best Criminal Lawyer in Delhi, is renowned for its expertise in handling cheque bounce cases. The firm’s foundation is built on a strong legal knowledge base, exceptional research skills, and effective advocacy.

With a focus on Cheque Dishonor Cases, the team’s diverse expertise and extensive experience contribute to consistently achieving positive outcomes for clients. From representing clients across various forums, including Delhi District Courts to the Hon’ble Supreme Court of India, the firm showcases a comprehensive and versatile approach to Cheque Bounce Cases.

Lead Counsel Advocate Rajal Rai Dua has successfully argued various Cheque Bounce Matters before the Delhi High Court. 

Delhi HC: Dishonor of Security Cheque Falls Under Section 138 NI Act, Includes ‘Account Closed’ and ‘Payment Stopped’ Cases.

The Delhi High Court recently stated in Payal Malhotra vs Sulekh Chand that the dishonor of a cheque given as security falls under Section 138 of the Negotiable Instruments Act (“NI Act”), including cases where cheques are dishonored due to reasons like “payment stopped” or “account closed.” This observation was made by Justice Rajnish Bhatnagar while hearing a plea by Payal Malhotra, seeking to quash an NI Act case pending against her.

Malhotra argued that the cheque in question was provided as security, not in discharge of any existing legally recoverable debt or liability. However, she claimed the respondent misused it and did not return it despite legal notices about the closure of the relevant bank account.

The court reiterated that cases involving dishonored cheques given as security fall under Section 138. It clarified that dishonored cheques due to reasons such as insufficient funds, exceeding arrangements, “payment stopped,” or “account closed” are offenses under this provision.

Regarding the jurisdiction of High Courts under Section 482 CrPC, the court stated that there was no material of sufficient quality to warrant invoking this jurisdiction at this stage. The court criticized litigants for approaching High Courts to quash NI Act cases without first presenting a defense before the Magistrate. It emphasized that the accused must raise defenses before the Magistrate and cannot shift the burden onto the complainant.

The court concluded that if the accused has a defense against the dishonored cheque, they are responsible for presenting and proving it in court. The petition was dismissed without issuing notice to the respondent.

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