Dishonoured of cheques Criminal Case

KLB Law Firm represented client Labbi Venkataswamy in criminal proceedings arising from alleged dishonour of cheques, structuring a defense around statutory compliance under the Negotiable Instruments Act, rebuttal of presumptions, and demonstrable financial bona fides to challenge culpability.

Overview & Challenges

The matter required rigorously testing statutory preconditions—execution, presentation within validity, issuance of demand notice, and filing within limitation—while contesting presumptions under Sections 118 and 139 through credible evidence of no enforceable debt or liability.

• Demonstrating defects in the complainant’s compliance with presentation and notice timelines to defeat maintainability.
• Rebutting presumptions by showing lack of legally enforceable debt, including disputes over consideration, part-payments, or security cheques.
• Challenging execution/authority, including signature disputes, mandate issues, or company account authorization where relevant.
• Highlighting contradictions in the complainant’s ledger and bank statements to establish reasonable doubt on liability.
• Invoking proportional remedies, including compounding, structured settlement, or suspension of sentence pending appeal where appropriate.