False cheque bouncing case
Querist :
Anonymous
(Querist) 24 November 2011
This query is : Resolved
sir , a cheque was stopped payment by the drawer since there was no obligation towards the payee anymore since deal did not happen . Payee told that cheque is misplaced and did not return the cheque and asked the drawer to stop payment . Drawer asked bank to stop payment on the cheque . after 2 months , surprisingly , the payee deposited teh cheque and it ws retd by the bank as : Payment stopped by the drawer . .The payee lodged case u/s 138 of NI act and the drawee is now harassed since payee lodged case 500 km away. I understand that criminal proceedings u/s 138 arise only if cheque is returned as : Funds insufficient and NOT if cheque is marked for stop payment . please advise.
Shonee Kapoor
(Expert) 24 November 2011
Your understanding is wrong.
However, if there was no debt, then the case won't be maintainable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 24 November 2011
sir , thanks for reply . How to avoid this harassment of attending court so far away . this is extortion in the guise of cheque bouncing case actually if seen in proper perspective
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 November 2011
Once a process is issued no stopping it you have to face trial.
we are in a case at Mumbai where even bounced cheque is not produced still process and even warrant is issued.
V R SHROFF
(Expert) 24 November 2011
All ur talk seems verbal, u shd have issued notice of this fact prior to the presentation of cheque. later on, all ur statement have no value. u r liable , unless u prove otherwise. burden on u to prove there was no liability.
Once u r summoned, , either u have to go for revision in appeal, , challenging the issue of process, within 90 days, or face trial.
There is no provision for maintainability of case.
Either u will b acquitted or convicted, or the case can be withdrawn by complainant on compromise or otherwise.
It is legal harassment, and hence unavoidable, no grievance allowed.{ I do not agree with SK, that "However, if there was no debt, then the case won't be maintainable."} Once cheque is issued, the case is always maintainable.
adv. rajeev ( rajoo )
(Expert) 24 November 2011
Whether have issued notice to the payee informing the " stop Paymenent". if not then it is your mistake. You will have face the trial.
Rajeev Kumar
(Expert) 24 November 2011
Yes i do agree experts
