Cheque Bounce - Section 138 Negotiable Instruments Act Cheque Bounce - Section 138 Negotiable Instruments Act

1 week ago

I have received a CRIMINAL COURT SUMMON dated 16-12-2023 from Chandigarh Judicial Magistrate 1st class. I have already settled the payment fully last month itself. I got NO DUE Certificate from the lender as well. My next hearing is on 18th May 2024.
I am applying for State PSC exam. In which there is a question that "Is there any criminal case pending against you" - should I give YES or NO? Because if I give YES - it asks for FIR NUMBER, FIR POLICE STATION - but in ecourts app - there is only filing number, registration number and there is NO FIR number found. Kindly provide some insights. Thank you.

Legal Counsel Vidhikarya

Responded 1 week ago

View All Answers
A.Dear Client,
Even if you settled your dues with the lender out of court, on receipt of a summon from the Court of J M against a criminal charge you need to appear before the Court on the date of hearing to make yourself acquitted of the charge. Until and unless a suit is dismissed or disposed of by the Cout acquitted the accused from the criminal charge, you cannot mention anywhere that you are not accused of any criminal charge or that no criminal case is pending against you on the date of application for the PSC Exam. The suppression of material facts may liable you to face legal consequences later on if it is unearthed in the course of police verification of your candidature based on records maintained by NCRB.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

View All Answers
A.Dear Client,
Unlike a civil summons, which initiates a lawsuit, a criminal summons doesn't trigger the criminal proceedings. It simply serves as a formal notice notifying the accused of the charges against them and requiring their appearance in court to answer them. Hence even if you do not have criminal charges against you, a cheque bounce case can be initiated as a crime and a civil case. hence please verify if there are actually any criminal charges against you or not
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMisuse of security cheque
Dear Client, When a person issues a post-dated cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the sai...
question iconCheque bounce - investment expert
Dear Client, Incidentally, cryptocurrency/asset trading is neither illegal nor regulated by any specific legislation yet in India. The National Cyber Crime Reporting Portal(NCCRP) is an initiative of...
question iconFake cheque bounce case
Dear Client, To address a false complaint or false criminal proceedings filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal...
question iconFD as a security for bail
Dear Client, Generally, FD can considered as a legitimate form of security for bail in cheque bounce case. However, in most of the cases it involves specific procedural requisites, wherein, the bank c...
question iconCheque bounce due to stop payment.
Dear Sir, You just file cheque bounce case against him and then let him contest the case and prove his defence which is very hard.