Kindly help me regarding cheque bouncing case
Ajay Agarwala
(Querist) 01 June 2011
This query is : Resolved
Dear Sir
I Have filed a cheque bouncing case against one of my customer, and the case is going on from last 2.Years,now we are in the final stage of judgement,we have all necessary documentary evidence with us such as bounced cheque,bank return memo, carbon invoice copies signed by the customer,advocate notice delivery confirmation from the postal department in written,now the stage is of accused statement but he is saying that he will give statement in written, is it possible, he is also denying that he had not received the advocate notice, as the person was from different state it was very difficult for us to bring him before the court, after serving 3.summon he did not appeared in the court as he has given some money to his local police,lastely court has served him summon through DGP and after that he appeared in the court,He has also given surety bond in his first appearance, sir i am sure that after judgement he will ran away because he is a big cheater, can we pray to magistrate to take him to judicial custody after judgement,and is there any precaution to take surety of my money.
waiting for your reply as soon as possible'
M/s. Y-not legal services
(Expert) 01 June 2011
Mr.ajay already you posted the same query with one another topic. Also you got some expert's opinions.
M/s. Y-not legal services
(Expert) 01 June 2011
Even though, if the accused put any allegation like he not recieved the legal notice, and that signature is not his mean he have to proof the same.. If the judgement as conviction mean automatically court will send him to judicial custody.. But he have rights to start the appeal proceedings immediatly. I mean he may file a petition for suspension of the said punishment. If its need and necessary mean court will block his passport pending disposal of the case proceedings..
Guest
(Expert) 01 June 2011
Defence is the right of the accused. He can file a written statement.
About the other point, if he can run after pronouncement of judgment, he can run even before judgment or even before filing his written statement also. So, there is no harm in bringing forth your doubt before the judge and request for impounding of his passport.
G.Sundara Rajan
(Expert) 01 June 2011
You have to file a civil suit within a period of 3 years from the date of his default to ensure your money.
Cheque bounce case is different and ensuring that you get back your money is different.
Hence, file a civil suit before time runs out.
Defence is the right of accused. you cannot merely claim that accused will run away and that his passport be impounded, because 138 N.I. Act is a small case and people dont usually run out. In the usual way the accused keeps dragging the matter till the end and then would offer you a return a money in turn for closing the case and that is what usually happens.
