Cheque bounce
Querist :
Anonymous
(Querist) 09 January 2012
This query is : Resolved
I had filled cheque bounce case against one of my friend, who had taken cash from me for Rs 50,000/-, after repeated follow ups, he gave the cheque to me of INR 50000/- WHICH BOUNCED due to account closed, in the court he told judge that the cheque was not his but said that account had been closed. More than that he also said he would not have any lawyer.
Last hearing Judge was little linient and has told him to have Lawyer. In such cases does lawyer on side of accused side after listening to his story try and tell the accused to settle or fight it out. Also if accused does not do the lawyer by next hearing what is the punsishement?
Shonee Kapoor
(Expert) 09 January 2012
Depends on the lawyer.
Also, do you have any proof of advancement of loan.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 09 January 2012
"told judge that the cheque was not his"
MATTER IS OVER
IF CHEQUE WAS NOT HIS, N.I. DO NOT ATTRACT.
unless u prove it was his, signed by him, delivered by him, from his Bank a/c operated by him.
[ Closed A/c also attract n.i. punishment.]
Adv Shroff
09-01-2011
ajay sethi
(Expert) 09 January 2012
if you have filed cheque bouncin case and he accused hires a lawyer he will try to drag the case . it depends upon instruction given by accused to his lawyer .
if case is contested it may take 2/3 yearsfor result if you are in mumbai
Deepak Nair
(Expert) 09 January 2012
There is no punishment for not apppointing a lawyer. If not through lawyer, the accused shall conduct the case on his own.
Regarding the denials, that can be proved or disproved only during the trial
prabhakar singh
(Expert) 09 January 2012
I would like to go with Mr.Deepak Nair.
Nadeem Qureshi
(Expert) 09 January 2012
Dear Querist
As per your query, if hge refuse that the said cheque is not belongs to him then the burdon of proof lies upon you, prove it that he issued the cheque,if his signed matched then add 420 IPC also in the case.
if he is not coming with the Lawyer, then the court may closed the evidence & date fix for final argument/Judgement.
No need to worry about it. Collect the evidence regarding cheque.
Feel free to call
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 January 2012
It is essential for criminal cases for accused to keep a lawyer if he can not afford state will provide it.
for IPC 420 lot of allegations and circumstances essential for issue of process.
Advocate M.Bhadra
(Expert) 09 January 2012
In the said ground no punishment for the accused, Court may go into trial by personal attendance of the accused without any lawyer.
Advocate. Arunagiri
(Expert) 09 January 2012
If the accused is not having means to appoint a lawyer, the court will refer his case to the free legal aid cell. They will appoint an advocate, that advocate will act as per the instructions of the accused.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 January 2012
But the right of a person
accused of an offence, or against whom any
proceedings were taken under the Cr.P.C. is a
valuable right which was recognized by Section
340 Cr.P.C. Article 22 (1) on its language makes
that right a constitutional right, and unless
there are compelling reasons, Article 22 (1)
ought not to be cut down by judicial
construction........ It is submitted that Article
22 (1) makes the statutory right under Section
340 Cr.P.C. a Constitutional right in respect of
criminal or quasi-criminal proceedings.ā€¯
experts from SC CITATION=
(arising out of S.L.P. (CRL.) No(s).679 of 2011)
Deepak Nair
(Expert) 09 January 2012
Now the query is sificiently answered. Hope the querist is satisfied.
Querist :
Anonymous
(Querist) 11 January 2012
Dear all, thanks a ton, couple of things more.
1. Cheques bears his name, and he agreed in court that the account had been closed.
2. Since this was a cash transaction, I have only back statement of 2 transactions 25000, EACH.
3. I have a friend who is witness to this, that he has taken money, will that help?
4. will Character of the person help to prove something?, he has done similar acts with my other colleagues, however paid them back in 6-8 months time, also cheque were issues which got bounced which was issued.
5.I am suer this going to take time, however will keep puting updates so that you valuable inputs can be taken.
