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Can a person file a counter-claim against the complainant in a cheque bounce case?

13-Mar-2023
Cheque Bounce

Answer By law4u team

Yes, a person can file a counter-claim against the complainant in a cheque bounce case. A counter-claim is a claim made by the defendant in response to the plaintiff's claim, and it must arise out of the same transaction or occurrence that is the subject matter of the plaintiff's claim. In a cheque bounce case, if the complainant has filed a complaint against the defendant for bouncing a cheque, the defendant can file a counter-claim against the complainant if they have a legitimate claim against the complainant arising out of the same transaction. For example, if the complainant had failed to deliver goods or services as per the agreement, and the defendant had issued the cheque as payment, the defendant can file a counter-claim for the damages suffered due to the complainant's breach of contract. However, it is important to note that the defendant must prove their counter-claim to the satisfaction of the court, and it must be directly connected to the transaction in question. The court will then decide both the original complaint and the counter-claim together in a single hearing.

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