Cheque bounce
Sush
(Querist) 02 September 2016
This query is : Resolved
Builder has lost the case in the lower court and has appealed in the session court where he has asked to pay the certain % of cheque amount With in 1.5 mths but he has not paid the amt yet in the court. He has now filed the application of extention of time period.
What action can b taken by us?
Raj Kumar Makkad
(Expert) 02 September 2016
You have already won the case and punishment might have been awarded to the builder which has obtained stay order against its execution till the finalization of his appeal. Now it depends upon the court whether to extent time or not. It shall be better to accept the amount and close the issue if you don't see him behind bars though deposit/return of cheque amount has nothing to do with the criminal liability.
Rajendra K Goyal
(Expert) 03 September 2016
Depend on the court whether time is extended or not.
Rajendra K Goyal
(Expert) 03 September 2016
Repeated:
http://www.lawyersclubindia.com/experts/Case-138-612116.asp
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 September 2016
Yes you have been posting your problem on number of threads which will confuse you.
Agree with Mr Makkad that make a settlement.
One High court has ordered that no deposit required since appeal is right of the accused in cheque cases.
Similar matters are pending in other high courts and if amount is big it may reach SC.
Even in appellate court can grant time and the accused can pay money in small amounts and can further extension . And deposit ordered will remain in court till appeal is heard and will not be given to you.
So better compromise . If appeal can be filed without deposit it will take another 5-10 years and costs.
