When an accused is charged with a cheque bounce case, there are several defenses that they may raise. Some of the common defenses available to the accused in cheque bounce cases are:
Lack of knowledge: The accused may argue that they were not aware that the cheque would be dishonored, and that they did not have any intent to commit an offence.
Dispute regarding payment: The accused may argue that there was a dispute regarding the payment that led to the dishonor of the cheque. For instance, the cheque may have been issued for goods or services that were not delivered, or there may have been a dispute regarding the quality of the goods or services.
Incorrect or incomplete details: The accused may argue that the cheque was dishonored due to incorrect or incomplete details provided on the cheque. For example, the cheque may have been post-dated, or there may have been errors in the account number, signature or other details.
Mismatch of signatures: The accused may argue that the signature on the cheque was forged or that it did not match their actual signature.
Absence of funds: The accused may argue that there were no sufficient funds in the account at the time the cheque was issued, but that they subsequently deposited enough funds to cover the amount.
Illegal transaction: The accused may argue that the transaction for which the cheque was issued was illegal or against public policy, and that they should not be held liable for the dishonor of the cheque.
It is important to note that the defenses available to the accused may vary depending on the specific circumstances of the case and the applicable laws in the jurisdiction where the case is being tried. It is therefore advisable for the accused to seek legal advice from a qualified lawyer who is well-versed in the relevant laws and procedures.
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Criminal law