Cheque Bounce Case

Querist : Anonymous (Querist) 30 July 2011 This query is : Resolved
Sir,
Pls explain whether on the basis of Cheque bounce can other party arrest the cheque issuing person without any notice if the other party has good infuence in the police department.

Also pls tell whether cheque bounce comes under criminal or civil

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Devajyoti Barman (Expert) 30 July 2011
No, only if the person even after service of summon of the proceeding u/s 138 fail to appear in the case the police after the issuance of warrant by the court could arrest him.

DEFENSE ADVOCATE.-firmaction@g (Expert) 30 July 2011
It is a criminal case ,after filing the case first summons will be issued by the court. You have to appear and give bail , at some places even accused are allowed personal bond.
Appear regularly in the court than no body will arrest you.

Fight the case from day one and you can win it.

Querist : Anonymous (Querist) 30 July 2011
Sir I want to know without issuing any notice /summon can that person with the police infuence arrest me and I have clear balance in my account against that cheque or want to pay cash to that person

Advocate Rajkumarlaxman (Expert) 30 July 2011
If you have how did the cheque bounce and now if you have balance after cheque bounce tell him to deposit the cheque once more and get the cheque paid. On the other hand without legal warrant a police cannot arrest any person its on MCOCA Cases that police can arrest but it is a different issue as far as your matter is concerned he cannot be arrested on this ground of cheque bounce. Even that now you may know that cheque bounce is not an offence.,

Advocate. Arunagiri (Expert) 30 July 2011
Very simple. If you have influence with the the police, not even a cheque is required, only your wish to arrest is enough.

The police can book the party u/s 420 ipc.

prabhakar singh (Expert) 30 July 2011
yeah!Expert Advocate. Arunagiri is right.Acting under influence police can concoct any case and arrest.

DEFENSE ADVOCATE.-firmaction@g (Expert) 30 July 2011
This practice is now left in Bangladesh only not practical now in India. If police act the concerned police person will face the music.

Now a days without court orders no police person acts in such matters.

Chanchal Nag Chowdhury (Expert) 31 July 2011
Not for the cheque bounce but for other trumped up charges.

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