cheque bounce

dr subodh kumar (Querist) 06 December 2009 This query is : Resolved
Thanks Mrs Joyce for the reply to my last query.
But you havent commented that what are the provisions of fine in such matters.As far i know there is provision of fine upto amount equal to the cheque amount but under what situation it will be imposed on the defaulter

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adv. rajeev ( rajoo ) (Expert) 07 December 2009
Fine cannot be imposed equal to the cheque amount. JMFC can impose maximum fine of RS.5000/-

Adinath@Avinash Patil (Expert) 07 December 2009
fine cannot be imposed equal to cheque amount.JMFC can allow compensation double amount of cheque u/s 138 of n.i.act.

Arvind Singh Chauhan (Expert) 07 December 2009
Patil Sir have said right. complainant can be compensated under Section 357 Cr.P.C. where there is no limit.

Raj Kumar Makkad (Expert) 07 December 2009
It depends upon the trial magistrate, however, amount equal to cheque cannot be fined as this is not the suit for recovery rather a criminal trial for breaking the law of land. The holder of the cheque can file suit for recovery if he has to get the amount of the cheque in civil court.

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