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Cheque (Criminal Law)

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This query is : Resolved


Author : rohit

Posted On 16 February 2017 at 18:49



Sir I had given my cheque and bond as surety for my friend who is absconding and that person has filed case against me in court .

 

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Expert : N.J.S.Rajkumar alias narasimha

Posted On 16 February 2017 at 20:11



Try to trace out your friend and sort out the Issue .Or it would be your responsibility to settle the Loan and kindly note Sec 138 cheque bounce is a Criminal Case.



Expert : Hemant Agarwal

Posted On 17 February 2017 at 04:23



1. "SURETY" cheques are NOT within the ambit of Negotiable Instruments Act.

2. "SURETY" does NOT imply "any type of liability" and in N.I.Act, it is mandatory that the cheque issued MUST be for a "legally enforceable debt /liability".

CONCLUSION: Conviction under N.I.Act, is not possible, for "SURETY" cheques.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com



Expert : N.J.S.Rajkumar alias narasimha

Posted On 17 February 2017 at 05:30



Dear Author,Apart from Sec !38 of Cheque Bounce Discuss about Sec 139 N.I. Act 1881 with your Advocate which would confirm your Liability.Do Not be Misleaded,Misguided by Ignorant,Illiterate,Immatured People's Time Pass Advises.



Expert : Ms.Usha Kapoor

Posted On 17 February 2017 at 05:49



Agree with Hemanth Agrawal.



Expert : N.J.S.Rajkumar alias narasimha

Posted On 17 February 2017 at 06:37



Surety Means A person taking the undertaking the responsibility of another person's performance.



Author : rohit

Posted On 17 February 2017 at 11:11



Sir the amount of loan taken by my friend is 40000 but he has put case against me for 4 Lakhs



Author : rohit

Posted On 17 February 2017 at 11:14



And also u told him that I will pay 40000 but he is not ready to take back the case please suggest



Expert : N.J.S.Rajkumar alias narasimha

Posted On 17 February 2017 at 12:12



Let your Advocate State all this in your counter Petition and Let the Other Side Submit the Proof of the Payment to whom you had stood as Guarantee.Also attend the Case in each hearing dates Promptly.Discuss with a Senior Good Advocate



Author : rohit

Posted On 17 February 2017 at 12:57



Sir I have attended all the dates promptly my advocate never came and yesterday he told me that there is final judgement next and that will be there side and no choice u have to pay money I am in tension now .



Author : rohit

Posted On 17 February 2017 at 13:01



Sir please suggest what is the next step of action I need to take



Expert : DEFENSE ADVOCATE.-firmaction@g

Posted On 17 February 2017 at 14:32



I agree with Shri NARASIMHA that the so called experts do havoc with their half knowledge.

And Madam Usha Kapoor you are adovoate still endorsing half backed advice.

The law is clear by recent SC judgments that there is conviction for bounce of any cheque even if given for others dues.

And for ROHIT there is last hope for you. Get a date and recall the complainant for further imp cross.

Show me the case records AND i WILL show how to draft the application and what further questions to be asked.

HURRY UP YOU HAVE VERY LESS TIME.



Author : rohit

Posted On 17 February 2017 at 15:09



Sir where tol get all records everything is with my lawyer and that guy is not ready to pick my call even me calling several time and I have 6 more days to for next date



Expert : DEFENSE ADVOCATE.-firmaction@g

Posted On 17 February 2017 at 15:40



This will be boon IN distress.

Just search another advocate and change the earlier one instantly.

Apply in the lower court simple application that my earlier advocate could not ask some very imp questions related to my defense and the complainant may kindly be rcalled FOR FURTHER specific cross.

You will atleast get some dates to prepare.

Go to revision to Dt court if the court does not allow your application immediately.

ANY NORMAL ADVOCATE CONVERSANT WITH PROCEDURE WILL HELP YOU.



Expert : Rajendra K Goyal

Posted On 17 February 2017 at 20:16



It seems you have given blank signed cheque, generally a big mistake done in good faith which turns bad later. If he has done such an act, he is not friend.

Though chances of confirm success not ensured, still should proceed as advised by the expert DEFENSE ADVOCATE.



Author : rohit

Posted On 17 February 2017 at 23:23



Sir very much true as friend I trusted him and given cheque and bond blank which has created me lot of problem now am ready to pay the the actual amount taken as I have done mistake but the person is not ready to take back the case and also I have strong belief that my advocate has taken some money because he never attended any one date so fare .



Author : rohit

Posted On 17 February 2017 at 23:25



Sir very much true as friend I trusted him and given cheque and bond blank which has created me lot of problem now am ready to pay the the actual amount taken as I have done mistake but the person is not ready to take back the case and also I have strong belief that my advocate has taken some money because he never attended any one date so fare .



Expert : Rajendra K Goyal

Posted On 18 February 2017 at 19:56



You may have to pay or can be punished if no amicable settlement arrived.

Take help of common friends, relatives for amicable settlement.


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