Cheque bounce case end result
RC Gayatri
(Querist) 27 February 2012
This query is : Resolved
Hi Sir,
I have filed a cheque bounce case on a gentle man. now its coming to end. Cheque is for 30,000/-
what is going to be the end result if i win the case ( most likely)
a) will the other person get punishment ? if so what kind of punishment?
b) will court order the other person to pay back my money to me ?
c)if so how much of my money will be given back ? and in how many days ?
can you please explain me what can be the possible outcome if i win the case.
M.Sheik Mohammed Ali
(Expert) 27 February 2012
1, yes, minimum 6 month imprisonment
2. yes the court order to repay the amount
3, with interest and court discretion of the order
. mostly one month.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 February 2012
There is no end of the tunnel so early since in case you win the other side will certainly go in revision.
Shonee Kapoor
(Expert) 27 February 2012
Agreed with both experts, except the punishment would be maximum SIX months and not minimum six months.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
RC Gayatri
(Querist) 27 February 2012
sir,
can it be like this , that person getting both imprisonment as well as he has pay money to me back ?
actually promisory note says that he has taken 80,000 from me for which he has given a cheque worth 30,000/-
can i get my whole 80,000 back or court will order only for 30,000/- what about interest. Does he has to pay interest to me right from the day he has signed promisory note ? or from date of the cheque ?
Advocate M.Bhadra
(Expert) 27 February 2012
As per provision of sec,138 N.I.Act:"the accused be punished with imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque or with both".
V R SHROFF
(Expert) 27 February 2012
Accused can be asked to pay double the cheque amount as compensation
And Jail for Two years.
This is Maximum.
Minimum punishment arrest up to rising of court, i.e sit few hours in court, and pay 35000/- compensation within a month
If acquitted, no punishment, no payment.
What your Advocate have to say???
You are examining your bargaining power?? Settle before judgement or not??Make More Money?? Probably you must have paid only 10,000, and collected cheque of 30,000, and Pro note for 80,000, as he badly needed money, and you are professional Money Lender. Usually they do it.
Because if so, he will prefer Revision.
If he received 80k, he will not go to revision. If he recd 30k, then also he will pay, if he have money.
Why his Advocate loose chance to fight and get his fees, and postpone payment??
After all, it is at the discretion of Court. You know your fact better.
Raj Kumar Makkad
(Expert) 27 February 2012
In theh light of your subsequent query, it is to intimate you that the case before the court is of 30,000/- so no question of fulfilling your desire and taking it to the extent of Rs. 80,000/- with interest and with fine along-wit imprisonment.
Why don't you try to write down the judgment?
