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Cheque Bounce Case

(Querist) 08 May 2018 This query is : Resolved 
Hello, I have taken 5 lac Rs from one client but i failed to provide product so he asked for refund. Then i given 5 lac Rs cheque to him. But unfortunately cheque bounced due to insufficient fund. I am financially unstable now. Then i assued for cheque clearance and also provided assurance on 100 Rs stamp paper, but again cheque bounced due to insufficient fund. I am unable to arrange money. Then he sent me legal notice but i ignored it not replied. Now my client filed cheque bounce case NI 138 in court. Court given date in October. Please suggest any solution and consequences of case.
Guest (Expert) 08 May 2018
No alternative, except to pay the amount due or to fight the case on its merits. But merits do not seem to be there. Plea of being financially unstable cannot work in a court case. The case is likely to take serious turn, may even lead to jail on the charge of cheating and fraud for not supplying the product, two instances of cheque bounce in spite of written promise on stamp paper.

So, the only best solution for you seems to be to somehow or the other arrange for the funds to return money before your client files a court case against you.
Vir Ji Pune (Querist) 09 May 2018
Ok sir. Thanks
Sudhir Kumar, Advocate (Expert) 09 May 2018
You have done enough hard work to go to jail.

pay the money before the due date and beg for mercy.

You will be lucky if cheating allegation has not been added.
Dr J C Vashista (Expert) 09 May 2018
I endorse expert advise of Mr. PS Dhingra and Mr. Sudhir Kumar.
Do not adventure to face trial and feel rigors of law, if suggested/advised by any lawyer, rather prefer an amicable settlement at the first instance itself.
Kumar Doab (Expert) 09 May 2018
From your query it can be understood that you have already been advised to pay before posting the query.

You were well advised.
You may pay.
P. Venu (Expert) 09 May 2018
Yes, there is no option other than to clear. the debt. The matter could be compromised through Lok Adalat. From the facts stated, your appearance in the Court is scheduled only during October. That gives you more than sufficient time for arranging the finances.
Ms.Usha Kapoor (Expert) 10 May 2018
I agree with experts. Nothing more to pay.
Sudhir Kumar, Advocate (Expert) 10 May 2018
You have to pay not only the money mentioned on the bounced cheque rather also pay for the mercy as well
Kumar Doab (Expert) 10 May 2018
Mahoday Sudhirji,
Probably you wished to mention ‘pray for mercy’ then pay for mercy.

Shubh Ratri.
शुभ रात्रि

Sudhir Kumar, Advocate (Expert) 11 May 2018
No he may even have to pay for mercy which depends upon greed of the complainant. Only complainant can take him out of mud.
P. Venu (Expert) 11 May 2018
I am afraid that the suggestion of learned expert Shri Sudhir Kumar has no basis in the facts or the law or the procedure in vogue in NI 138 cases. Firstly, no procedure in a Court is meant to compromise the dignity of the accused, even if the offence alleged happens to be heinous crime; the prosecution or the complainant has no upper hand in the proceedings and the onus rests or vest with them to prove the alleged offence beyond reasonable doubt.

It is an ordinary incident of business that one may happen to be financially unstable; the facts posted itself suggests that there has been no ill intention on the part of the author.

The querist can resolve the matter by making compromise through Adalat. Even if the complainant is adamant, the court would only grant him only the legitimate compensation, and nothing more. Nowadays, it has become the approved norm that, even in contested cases, the punishment is limited to imprisonment till the raising of the Court; the accused is sent to jail only in default of compensation ordered.
Guest (Expert) 11 May 2018
Dignity of an offender vanishes when he is put in jail by the court for repeated of offenses, at first repeated incidence of cheque bounce and violation of written agreement also. So, nothing can be said after the case goes to court.

Ms.Usha Kapoor (Expert) 21 June 2018

I agree with experts.

I agree with experts,
Ms.Usha Kapoor (Expert) 21 June 2018

I agree with experts.

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