Cheque bounce case
1 week ago
Arrest warrant issued quoting cheque bounce 5year before. No intimation is received to me regarding this till now directly arrest warrant issued.
A.Dear sir,
You must appear before the court through advocate and get bail by depositing up to rupees ten thousand as security. It seems you have given undated signed cheque and the other side might have mentioned the recent date.
You must appear before the court through advocate and get bail by depositing up to rupees ten thousand as security. It seems you have given undated signed cheque and the other side might have mentioned the recent date.
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A.Dear Client,
The offense of cheque bounce is a criminal offense for which the payee/creditor can initiate a criminal suit under Sec.138 of the Negotiable Act. The payee must file the complaint against the cheque bounce before the Magistrate within 30 days of the expiry of 15 days of issuing the cheque bounce notice to the drawer of the cheque. After amendment to the provisions of the Negotiable Instruments Act, with effect from 06.02. 2005, Section 14 (2) of the Act empowers the Magistrate to condone the delay in filing the complaint, if the reasons assigned thereof are satisfactory and acceptable. Section 17 of the Limitation Act, 1963 provides for the extension of the limitation period in case of fraud, mistake or concealment of facts by the debtor. In such cases, the limitation period will be extended until the creditor discovers the fraud, mistake, or concealment of facts. A warrant can be issued under Section 70 of Cr. PC by a magistrate when an individual does not comply with a summons, when a cognizable offense has been committed, or when a person's presence is required for investigation. As the offense in a cheque bounce case is a bailable offense, the accused can get bail. The court may require you to provide a surety or a bail bond as a guarantee that you will attend court hearings. The accused person does not need to be present for the cancellation of an arrest warrant. Instead, the accused or his legal representative may apply u/s 70(2) of Cr. P.C. with the court that issued the warrant, requesting its cancellation. Warrants can be cancelled by the same court subject to fulfillment of the conditions. A non-bailable warrant may also be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of the accused if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing. Reach out to an advocate for guidance and steps.
The offense of cheque bounce is a criminal offense for which the payee/creditor can initiate a criminal suit under Sec.138 of the Negotiable Act. The payee must file the complaint against the cheque bounce before the Magistrate within 30 days of the expiry of 15 days of issuing the cheque bounce notice to the drawer of the cheque. After amendment to the provisions of the Negotiable Instruments Act, with effect from 06.02. 2005, Section 14 (2) of the Act empowers the Magistrate to condone the delay in filing the complaint, if the reasons assigned thereof are satisfactory and acceptable. Section 17 of the Limitation Act, 1963 provides for the extension of the limitation period in case of fraud, mistake or concealment of facts by the debtor. In such cases, the limitation period will be extended until the creditor discovers the fraud, mistake, or concealment of facts. A warrant can be issued under Section 70 of Cr. PC by a magistrate when an individual does not comply with a summons, when a cognizable offense has been committed, or when a person's presence is required for investigation. As the offense in a cheque bounce case is a bailable offense, the accused can get bail. The court may require you to provide a surety or a bail bond as a guarantee that you will attend court hearings. The accused person does not need to be present for the cancellation of an arrest warrant. Instead, the accused or his legal representative may apply u/s 70(2) of Cr. P.C. with the court that issued the warrant, requesting its cancellation. Warrants can be cancelled by the same court subject to fulfillment of the conditions. A non-bailable warrant may also be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of the accused if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing. Reach out to an advocate for guidance and steps.
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A.Dear Client,
a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years after the case it could be through a court order, please hadel the case with an advocate
a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years after the case it could be through a court order, please hadel the case with an advocate
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