Regarding cheque bounce...
Querist :
Anonymous
(Querist) 13 December 2011
This query is : Resolved
Dear Sir,
I am a freelance trainer. After finishing my training i got 2 cheque. But one cheque has been bounced. Can the firm is delaying it. Now can i register a FIR, or how should i proceed so that i can get my money back. I need good guidance. Please help me.
Thanks in advance.
Advocate. Arunagiri
(Expert) 13 December 2011
You yourself a trainer, you can search the internet for a solution.
You can not register FIR.
Go through the the following:-
I am giving some sections of the Negotiable instruments Act. You may go through it and contact us in case of doubt.
138. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to 1[two years], or with fine which may extend to twice the amount of the cheque, or with both:
Provided that nothing contained in this section shall apply unless—
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within 2[thirty] days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
Explanation: For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.
Presumption in favour of holder.
139. It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability.
Defence which may not be allowed in any prosecution under section 138.
140. It shall not be a defence in a prosecution for an offence under section 138 that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in that section.
Offences by companies.
141. (1) If the person committing an offence under section 138 is a company, every person who, at the time the offence was commit ted, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the compa ny, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence :
1[Provided further that where a person is nominated as a Director of a company by virtue of his holding any office or employment in the Central Government or State Government or a financial corpo ration owned or controlled by the Central Government or the State Government, as the case may be, he shall not be liable for prose cution under this Chapter.]
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation : For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Cognizance of offences.
142. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:
1[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period;]
(c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138.]
1[Power of Court to try cases summarily.
Devajyoti Barman
(Expert) 13 December 2011
Yes you can either go for cheque bouncing as suggested here or criminal case of cheating.
Advocate M.Bhadra
(Expert) 13 December 2011
Lodging an FIR and criminal case does not lie on event of cheque bounce,you can file a case u/sec.138 N.I.Act with duly notice to the drawer or you can file a suit for recovery of money in Civil Court if you have others related documents.
ajay sethi
(Expert) 13 December 2011
file a summary suit for recovery of money .
complaint under section 138 NI is for punishment not recovery of money .
Querist :
Anonymous
(Querist) 13 December 2011
Thank you very much for your honest efforts.
Respected, can i file a case against penalty of the bounce cheque.
ajay sethi
(Expert) 13 December 2011
you cna file complaint for cheque bouncing to punish the accused .
Raj Kumar Makkad
(Expert) 13 December 2011
When you shall file a case for bouncing of cheque, it shall also include penalty so there is no need to file separate case.
V R SHROFF
(Expert) 14 December 2011
138 chq bounce case not only imprison accused, but direct the accused to pat compensation upto twice the amount of cheque.
So you certainly recover your money, burden to prove is on accused,
In civil suit, after paying Rs. 6430/- as court fees for Rs. 1L you must prove your case by valid documents. and wait for years.
In 138, Court Fees for 1L is Rs. 2,000/- only. and it is a fast trial.It compel the accused to be present on every date, and on failure to come to court, Non Bailable Warrant NBW is issued that Police can arrest him, and bring to court, keeping in Police custody. .
In Civil suit, he need not come to court, and no provision to arrest.
adv. rajeev ( rajoo )
(Expert) 14 December 2011
If it is well within time issue notice u/s 138 of NI Act. You can also file a suit for recovery of money within 3 years. Cause of action to file the suit arose from the date of bouncing of cheque. To know about 138 meet your lawyer.
Advocate Bhartesh goyal
(Expert) 14 December 2011
Yes you can file both cheque bouncing case u/s 138 of N.I.Act and civil suit for for recovery of monney simultaneously.
Querist :
Anonymous
(Querist) 14 December 2011
Thank you for your valuable support.
At last, can i register FIR at police station?
Guest
(Expert) 14 December 2011
Detailed procedure with legal provisions lie in Shri Arunagiri's answer.
