Chq received through court bounced again
ritesh
(Querist) 30 March 2012
This query is : Resolved
dear sir, i m fighting a chq bounce case against builder who issued me chq and bouned repeatedly. earlier he refused any allegation in court but in last week when the date was for cross examination he admits in the court that he has to pay money 10 lac to me and he will pay 250 k p.m as installment. judge accepted his plea and he given a chq of 250k in the court for the first installment and promised that the chq will be honooured but yesterday the chq returned with "exceeds arrangement" remarks. sir is this the contemt of court and what should be my next step as he cheated honourable judge also. ritesh kr gupta bangalore rg2667@gmail.com
V R SHROFF
(Expert) 30 March 2012
Inform this fact to Hon Court.
By issuing a Cheque, it is of greate advantage to you, as he accepted his Liability.
So u will win the case,and builder can be jailed
Next time ask D Draft
Send him a notice that the cheque was bounced, so send me D Draft immediately with 7 days [ no 138 notice, clarify, this is for information and is not a 138 demand notice ]. , preferably a week before the next Court Date.
Raj Kumar Makkad
(Expert) 30 March 2012
You can move an application under section 340 Cr.PC before the trial judge but not a contempt of court. You shall have to file a new case and your earlier case shall automatically strengthen.
Deepak Nair
(Expert) 30 March 2012
You inform the magistrate about the same. This will be an added advantage to your case as he has admitted his liability and the magistrate have recorded the same.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 March 2012
Now you know that the accused do not have money so you have two options =
1) Follow legal procedures and send him to jail .
2) Secondly just be political , get another cheque and go with him to bank to get it cleared.
3) Take another set of new cheques for balance and try to envolve some property or other persons.
CHOICE IS YOURS.
V R SHROFF
(Expert) 30 March 2012
I appreciate the Point of Shri JSDN
to involve his property.
ritesh
(Querist) 30 March 2012
sir, i want to send him jail as he threatened to much to me and my family for his political powers and today also he say i can do nothing. plz tell me what to do today as next court day is 28th april 2012.
the builder name is: s.b. builders and developers, jalahalli, hmt colony, bangalore.
Shonee Kapoor
(Expert) 30 March 2012
You have been well advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 30 March 2012
Dear Ritesh,
Bouncing of the cheque given in the presence of the judge also amounts to contempt of court.Immediately submit a petition in the court,stating what happened.He can be issued an NBW,immediately by the judge.
Guest
(Expert) 30 March 2012
Your desire to send him jail seems to have become the first priority, as you stated that you want to send him to jail as he threatened too much to you and your family for his political powers.
Your desire can well be fulfilled, as contempt of court petition would be enough to send him to jail. His confession of liability to pay, issue of cheque and assurance of honour of cheque before the judge, itself, is most likely to be taken as a contempt of court by the builder.
But, what will happen to your money by sending to him jail, if you make him a hardened criminal by sending him to jail as of your first priority without properly planning to extract your own huge money from him?
Deepak Nair
(Expert) 30 March 2012
Well advised by the learned experts above.
Ajay Bansal
(Expert) 30 March 2012
As advisec by Mr. Makkad.
