Falsely accused in a cheque bounce case — how to defend?

Cheating cases under Section 138 are serious but you have a valid defence if the cheque was given as security. **1. Defence Strategy:** The key defence is that the cheque was a "security cheque" and not for discharge of any legally enforceable debt. The Supreme Court has held that security cheques do not attract Section 138. However, the burden is on you to prove this through documentary evidence. **2. Cross Complaint:** Yes, you can file: - A complaint for extortion or criminal intimidation if he's threatening you - A civil suit for recovery if the tables turn **3. Chances of Conviction:** If you can prove the cheque was security and not for a valid debt, the chances of conviction are low. However, 25-30% of such cases do result in conviction if the accused can't prove their defence. **4. Settle or Fight:** If the amount is small, settlement may be cheaper than litigation. But if you're being falsely accused, fighting establishes the truth and deters future harassment. **Immediate Action:** - Preserve all messages and emails - Send a reply through a lawyer denying liability - Don't ignore court summons — non-appearance leads to bailable warrants Contact us for a detailed consultation on your specific case.