Ramandeep Singh Ahluwalia (Properitor) 18 May 2013

Under section 138 nia

SIr I would like to know that a vehicle was financed and the in its regards the five cheques of amount Rs 1760/- got bounced due to insufficient funds. The total amount of the five cheques is Rs 8600/- which includes interest @ 12 % . Now the complaint was filed and I was not informed as the complaint fraudently got the notice returned from the postman bu getting written that the undersigned ahs not taken the notice, Summon also did not recieved and when the warrant came and the police came to arrest when the represantative demanded the amount and took Rs fifteen thousand and assured to withdraw the case and did not withdrew the case. The reciept of those fifteen thousand was inclosed when applied for bail in the court before entering the cae in court.

In the evidence of the complainent he had agreed that he had recieved the fifteen thousand amount. How should I proceed as I crime of getting cheque bounced is thier . Please help me out

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4 Replies

HIRAL THAKKAR (ADVOCATE ) 18 May 2013

Since cheque is bounced offence is committed, Now since the evidence of the complainant is completed and since he admitted of receiving the amount of Rs.15000/- you need to prove thorugh your evidence how the amount was given and the same was in lieu of the bounced cheque. There are fair chances of your acquital. Now from your query can be presumed that the matter is now for your evidence, elaborate yourself in your evidence the whole episode and your bonafidesness. Moreover since notice was not is can be preliminary ground for dismissal of case.

Regards

HIRAL THAKKAR (ADVOCATE ) 18 May 2013

Regards

ajay sethi (lawyer) 18 May 2013

1) unfortunately you dont have any letter from complainant that he shall with draw the case on receipt of rs 15,000

2) luckily for you the complainant has issued receipt of rs 15,000

3) the offence is committed when no payment is made within 15 days of receipt of notice .

4) in your statement that is recorded by court mention that payment of rs 15,000 was in lieu of bounced cheque . the receipt issued by complainant must be containing particulrs regarding purpose for which payment is amde .

5)you have good case on merits

advocate praveen (prop.) 18 May 2013

Dear,

if you have receipt against the bounce cheque, then you have sufficient case. Even you can file the case for mental harassment agains the complainant after receving the full and final amount against the cq., but did not withdraw the complaint case.

regards