Cheque bounce case-sec 138 of N/I Act
Querist :
Anonymous
(Querist) 25 October 2010
This query is : Resolved
Tenant did not pay rent for a very long time taking advantage of the old age of the owners and after 10 yrs issued a cheque for the entire dues along with a letter stating that he is due and is therefore giving a cheque for the amount. There is no lease agreement after the initial one of 11 months. Cheque bounced and complaint was filed u/s 138 of N/I Act. In the court, he stated that the cheque was taken by force and that he has paid all the rents but no receipts were issued to him. He has also filed a false police complaint after giving the cheque that it was taken by force and with the help of goondas. No action was taken by the police. After all the court procedures, the judgement is going to be pronounced within a week. He keeps telling his lawyer and others that he has no money and not in a position to repay. What are the precautions to be taken by the complainant after the judgement is given in favour of the complainant to ensure that the accused does not escape and what happens if he does not pay the amount. If he goes on appeal, then how much he has to deposit in the court.
R.Ramachandran
(Expert) 25 October 2010
Dear Anonymous,
There is a lot of gap in your facts.
Please clarify the following:
(1) Whether the letter is type written or in hand writing.
(2) If it is in hand writing, whether it is the tenant's hand writing or some one else's.
(3) What is the date of the letter?
(4) What is the date of the cheque?
(5) When was the cheque preented and disnonoured?
(6) Did he complain to the police that the letter/cheque was taken from him by force.
(7) What is the reason for him to issue the cheque after 10 years and that too rent for all the period - was there any pressure, intimidation etc.
Devajyoti Barman
(Expert) 25 October 2010
If the accused is convicted then you would be sentenced for imprisonment along with the direction to pay such amount as the court decides. On appeal. it upto the appellate court to fix the amount to be deposited at the time of admission or grant of stay.
Querist :
Anonymous
(Querist) 25 October 2010
Letter is in hand writing of the tenant. Date of letter and cheque is the same and was presented on time and notice was also given after it was dishonoured with the reason insufficient funds. complaint was filed immediately after statutory period of giving legal notice. He complained to the police that the letter/cheque was taken from him by force, but when police questioned him, he could not give satisfactory reply and they knew he was telling lies. So they took statement from both the parties and closed the matter.The reason for him to issue the cheque after 10 years is he stated that he has received funds from sale of some property and that he is clearing the dues. He has all along been pleading with the owners that he is in financial trouble and will clear the rent as early as possible. Neither did he vacate the house. Aftee this case and an eviction suit suit was filed, he has vacated the house.
Guest
(Expert) 25 October 2010
IF ACCUSED FILES APPEAL IN SESSIONS COURT .THE COMPLAINENT MAY OPPOSE THE SAID APPEAL AND PRAY FOR SOME AMOUNT TO BE DEPOSITED BY APPEALLENT ACCUSED.COURT WILL DICIDE THE MATTER REGARDING DEPOSITING AMOUNT IN COURT.GOOD LUCK.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 October 2010
This is all when the case may go in your favor. How you can presume that.No issue of rent reciept is fatal for the complainant.
Querist :
Anonymous
(Querist) 25 October 2010
Dear Mr.Shashikumar,
Thanks. Ofcourse, with the strong belief and footing that truth and justice will prevail.
Many thanks to Mr.Ramachandran, Mr.Devajyothi and Mr.Nandakumar aswell for their immediate response.
Looking forward to the comments of Mr.Ramachandran and other experts.
Regards,
Raja.
adv. rajeev ( rajoo )
(Expert) 25 October 2010
You cannot do anything if the accused is convicted. NI act is punishment section, court can give direction to pay the amount but you cannot recover the amount in NI Act. You will have to file suit for recovery of money.
R.Ramachandran
(Expert) 26 October 2010
As rightly pointed out by Mr. Sashikumar, whatever information given by you seems logical and convincing. On the basis of these facts, there is a fair chance of your succeeding in case u/s. 138 N.I. Act.
However, the conviction of the person u/s. 138 N.I. Act will not get you money.
For realising the money, you have to file a civil suit. There you would be in a position to recover rent only for that period which falls within three years prior to the filing of the suit. Of course, you have to prove that he was your tenant and that he did not pay rent etc. The hand written letter and the bounced cheque could be some of your evidences.
Querist :
Anonymous
(Querist) 26 October 2010
If civil suit has to be filed for recovery of amount, then what happens to the judgement under this case if the accused is directed to pay up the cheque amount.
Can the accused get bail if he is convicted in such cases or is it non bailable offence, which means the accused has to serve the entire period of sentence.
