Cheque bounce
1 week ago
I had a cheque bounce in private finance
I got a call from police station saying I was a ci and I got a case file on you from public prosecutor sec 138&141
He is asking me to settle now itself otherwise I will take you to remand by evening
A.Dear Sir,
It seems it is a false and fake call because public prosecutor cannot file complaints under Section 138 and 141 of Negotiable Instrument Act.
It seems it is a false and fake call because public prosecutor cannot file complaints under Section 138 and 141 of Negotiable Instrument Act.
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A.Dear Client,
In a cheque bounce case, until and unless a warrant of arrest is issued by the Court post issue of summons and for non-appearance by the accused, a Police Officer cannot arrest an accused. A warrant of arrest 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 ASAP for guidance and steps.
In a cheque bounce case, until and unless a warrant of arrest is issued by the Court post issue of summons and for non-appearance by the accused, a Police Officer cannot arrest an accused. A warrant of arrest 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 ASAP for guidance and steps.
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A.Dear Client,
According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the aggrieved party in this case can file a civil or criminal suit against the defaulter/issuer of the cheque. However, the person cannot directly approach the Court. Firstly, the payee/aggrieved party must send a legal notice along with the returning memo within 30 days of cheque bounce. If there is no action taken by the defaulter within 15 days, then the person can proceed to file a complaint against him within one month for the offence of cheque bounce. Generally, cheque bouncing is a bailable offence and if you do not want to get into any legal trouble then it is advisable to take action within the said period by returning the amount. Further, if you fail to appear before the court after receiving the summons, the magistrate can issue a non-bailable warrant and you will be arrested with regard to the case. But, in case, the police arrests you and the offence being bailable in nature, you can ask the police officer to grant you bail after executing a bond without securities under section 436 of CrPC. If required, you can consult an advocate for advice and assistance in further steps.
Hope it helps.
Thank you.
According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the aggrieved party in this case can file a civil or criminal suit against the defaulter/issuer of the cheque. However, the person cannot directly approach the Court. Firstly, the payee/aggrieved party must send a legal notice along with the returning memo within 30 days of cheque bounce. If there is no action taken by the defaulter within 15 days, then the person can proceed to file a complaint against him within one month for the offence of cheque bounce. Generally, cheque bouncing is a bailable offence and if you do not want to get into any legal trouble then it is advisable to take action within the said period by returning the amount. Further, if you fail to appear before the court after receiving the summons, the magistrate can issue a non-bailable warrant and you will be arrested with regard to the case. But, in case, the police arrests you and the offence being bailable in nature, you can ask the police officer to grant you bail after executing a bond without securities under section 436 of CrPC. If required, you can consult an advocate for advice and assistance in further steps.
Hope it helps.
Thank you.
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