Cheque bounce case
Proffessional
(Querist) 29 April 2011
This query is : Resolved
I know a person who is doing business with my office for past 4 years, he took a new job and to execute the work he asked me to invest some money, so that he may return back with some profit. Besed on his words, I took loan from my brother and gave money to a known person of Rs.5 lakhs for his business purpose who is doing the job at my office and got a post dated cheque for the same in the name of my wife. As per the cheque dated I have deposited in my wife current account and got bounced due to insufficient funds. When I checked with the person, he asked me to re present the cheque after 5 days and I did the same. Again the cheque got bounced due to stop payment. I tried to reach him through mobile several times and at last he picked the call and he said that, “I won’t pay back your money, if you want you can file a case we will see in court” Also he said, “I will tell in court that, I only gave you the cheque as a bribe to take the order in your company”. After this I have sent him a layer notice but he not responded to it. Now we yet to file a case and also I came to know he will not come to court even if summon comes from court. What will happen if he not comes to court on summon or even if he comes what will be the judgment. Please help me out.
M.Sheik Mohammed Ali
(Expert) 29 April 2011
if he is not attend the court or not accepting your notice and summons you will be beneficiary , if you prove that he is a accused, then court order to arrest or attached his assets.
Proffessional
(Querist) 29 April 2011
As the cheque has been deposited in my wife's current account, my lawyer sent a notice on behalf of my wife to that person. But the all transactions are handled by me but not my wife only he hold the account were i don't have current account. Whether my wife has to come to court on filing the case or shall i represent and take this from my end? pls help out
Proffessional
(Querist) 29 April 2011
i have the bounced cheque with bank receipts as a proof.
Proffessional
(Querist) 29 April 2011
how many days it will take to get my money back from him?
Ganesh Chavan
(Expert) 29 April 2011
Take a following steps in Court-
1)After the complaint fliled in ths court The COURT in the stage of Verification will hear Argument of COMPLAINENT/ ADVOCATE FOR COMPLAINENT AND issue Process under Sec.138 N.I.Act.
2)The Summons are sent and served through Police Station where Accused is Residing.
If he is not attend the court or not accepting your notice and summons you will be beneficiary , if you prove that he is a accused, then court order to arrest or attached his assets as Mr.Ali sir stated.
Proffessional
(Querist) 29 April 2011
The case can be filed by my lawyer alone or i have to be there along with him to file a case in the court. sir pls reply
Proffessional
(Querist) 29 April 2011
I have the bounced cheque with bank receipts for bounce. Is it enough to prove him that the person is accused?
Proffessional
(Querist) 29 April 2011
Hi Sheik sir, have the bounced cheque with bank receipts for bounce. Is it enough to prove him that the person is accused?
Proffessional
(Querist) 29 April 2011
Sir, The case can be filed by my lawyer alone or i have to be there along with him to file a case in the court. sir pls reply
Guest
(Expert) 29 April 2011
Whether you be there in the court or not, but your wife must be there along with her advocate at the time of filing of the case, as the case would be on behalf of your wife, the account being in her name.
M/s. Y-not legal services
(Expert) 30 April 2011
yes. your wife must be appear before the concern court.. cos case cheque issued on her name only..
M/s. Y-not legal services
(Expert) 30 April 2011
yes. your wife must be appear before the concern court.. cos case cheque issued on her name only..
Amit Minocha
(Expert) 01 May 2011
you can take POA from your wife to fight case on her behalf. Donot get worried by the fact that he refused to come. Court can very well take car of this issue. You simply go ahead with the case but as regards the time some patience would be needed.
