Role of police in chq bounce case
RAJU
(Querist) 27 July 2012
This query is : Resolved
hi all,
please let me know if a chq given to someone has bounced due to insufficent funds .Can the person report to police? what will be the action police can take?
can they file a case or it is only the court whereby the case of chq bounce has to be filed?
PLS ADVISE URGENTLY
Anirudh
(Expert) 28 July 2012
Police has no role to play.
ashutosh mishra
(Expert) 28 July 2012
Rightly said.Police has no role in a cheque bounce case where payee or holder in due course is expected to lodge a criminal complaint under section 138 of N.I.Act in magistrate court after serving notice of demand upon the drawer.
RAJU
(Querist) 28 July 2012
Thanks. But the police have called me in the chowky. What should I do? when I go, should I give a commitment of payment to them or what should i tell them. I am not n a position to pay right away. KINDLY GUIDE ME ASAP
ashutosh mishra
(Expert) 28 July 2012
It is illegal interference by police for which you may complaint to higher officials,dysp/sp/ssp etc.
RAJU
(Querist) 28 July 2012
So basically in a chq bounce case, police cannot file a case against me under any circumstances right? kindly can you give me your tel no to call you if possible.
But someone told me the police can file case of 420 and arrest me even in chq bounce case ? is it true?
ashutosh mishra
(Expert) 28 July 2012
Now you need to state your all facts of case chronologically so that accurate guidance may be given.
you want help of experts or fishing them in net.
ajay sethi
(Expert) 28 July 2012
it appears that complaint has been filed against you for having committed the offences of criminal breach of trust and cheating, respectively under sections 406 and 420 of the Indian Penal Code.
for said case police can clal you to police station for investigation .
supreme court has held that in case of cheque bounce a complaint can also be filed for cheating .
ajay sethi
(Expert) 28 July 2012
Cheque bouncing may also give rise to cheating case, rules SC
PTI Apr 24, 2012, 09.15PM IST
NEW DELHI: For issuing a cheque without sufficient fund in one's account, a person can be tried for both bouncing of his cheque and for cheating as the two trials do not breach double jeopardy doctrine, the Supreme Court has ruled.
A bench of justices B S Chauhan and J S Khehar gave the ruling while dismissing Gujarat native Sangeetaben Mahendrabhai Patel's appeal for quashing a criminal case of cheating and breach of trust, pending before Patan's chief judicial magistrate in the state.
RAJU
(Querist) 28 July 2012
Dear Sir,
Thanks a lot.So basically police can arrest me if case is registered under 406 and 420. will it be bailable immediately?
pls guide me. I dont want to go to police without proper preparation.
I need help of experts and am grateful to all for guiding me.
What will be the consequences of going to police? will they arrest me immediately or suspend me ???
ajay sethi
(Expert) 28 July 2012
police will investigatee. record your statement . contact a local lawyer . he will go through your case papers and advise you what is to be stated in your statement .
RAJU O.F.,
(Expert) 28 July 2012
Respond to the police along with an advocate conversant with cheque bounce cases.
RAJU
(Querist) 30 July 2012
Good day. pls advise if it is true that if more than 2 chqs are bounced, the court can issue non bailable warrant immediately without any notice?
In addition, can police arrest you in chq bounce case by the fir filed and keep in you in custody until settlement is done?
ajay sethi
(Expert) 30 July 2012
court issues bailable warrant if you dont attend court . if inspite of bailable warrant being issued you dont attend then non bailable warrant is issued .
police will investigate as already stated earlier . police cant keep you in custody till settlement is done
prabhakar singh
(Expert) 30 July 2012
When police arrests some one in any case it is under legal duty to produce accused so arrested before concerned magistrate with in 24hours of arrest and accused can then seek bail from the magistrate.
H.M.Patnaik
(Expert) 22 September 2016
Dear Mr. Raju,
Experts have patiently attended to your queries and adequately clarified the position. In case of further queries, pl. get in touch with an experienced criminal lawyer locally and discuss all points with all docs. and facts for necessary guidance.
