Cheque case

kunhi marakkar (Querist) 12 November 2021 This query is : Resolved
Sir
I faced a cheque bounce case(CRIMINAL CASE) in year 2002.due to abroad job,i couldn't appear in court.so this case deferred as LP. Now in 2021 ,can plaintiff re start this case? I heard that cheque cases will not come under criminal case by new amendment of law.this case will treat as civil case.is this true?What will happen to non bailable warrant on this case during 2002-2003?Was it return?Can they re issue?

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A user inquired about an old cheque bounce case from 2002, where they failed to appear in court, leading to a deferred 'LP' status and a non-bailable warrant. They asked if the plaintiff could restart the case and if cheque bounce cases are now civil matters. The advice provided clarifies that cheque bounce cases under Section 138 of the Negotiable Instruments Act remain criminal in nature, even though they follow Cr.P.C. procedures. The non-bailable warrant can still be executed, and the user is advised to appear in court with a lawyer to seek cancellation of the warrant, furnish a bond, or negotiate a settlement with the complainant.

P. Venu (Expert) 13 November 2021
The non-bailable warrant could still be executed. Cheque bounce case still continues to be criminal case under NI 138.

Advocate Bhartesh goyal (Expert) 14 November 2021
Cheque bounce cases are semi quasi civil nature cases but conducted by Cr.P.C.case has not been dismissed yet.Non bailable warrant could be executed.

Dr J C Vashista (Expert) 14 November 2021
Is it true statement that non-bailable warrants remain unexecuted since 2003 in a case under section 138 of the Negotiable Instruments Act, 1881, which is governed under the provisions of Criminal Procedure Code, 1973 ?
What is the opinion and advise of your lawyer ?

SHIRISH PAWAR, 7738990900 (Expert) 14 November 2021
Hello,

If case pending since 2002 complainant can issue NBW again.

Hemant Agarwal (Expert) 19 November 2021
1. Non Bailable Warrant (NBW) will be enforced and you will be arrested on sight. There is no question of any Civil Proceedings in cheque bouncing cases (it is legal myth).

2. Before above happens, appear in Court with Lawyer and apply for cancellation of NBW by furnishing proper Bond & Surety and undertaking to appear in Court at every date.

3. Alternatively, using the services of your Lawyer, negotiate with complainant and payoff your liabilities, with condition that he will immediately withdraw his case /complaint in Court. This will save you from all futuristic legal trauma.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com

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