Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ashique (Self Employed)     22 October 2014

Cheque bounce case

I have filed a case against a person who issued me a blank signed cheque against a loan he had taken in cash. My lawyer put the amount  and date on the cheque when the accused did not return the debt on time and I deposited the cheque in bank, which bounced. Will there be any problem since my lawyer had put the amount and date in the cheque, but the accussed indeed signed the cheque.

Also the accussed is not showing up and even though warrant issued against him still evading arrest by paying the police. What other action can we take against the accused now as we know his permanent address as well as the office address.

Can we file a 420 case against the accused?



Learning

 4 Replies

chowdary (Advocate)     23 October 2014

You can executed the warrent through advocate cmmisioner

C.Shanmugam (x)     23 October 2014

Sir, You have not given correct information.It is not known whether you have given complaint with Police for dishonor of Cheque or sent legal notice to the party. Based on your information, you may wait, it is duty of the Police to arrest him or you may contact police in person and get one constable along with you, then search the party and shown to police for arresting the party on any Friday since the party could not get bail for next 2 days due to court holidays. C. Shanmugam C. Shanmugam

Ashique (Self Employed)     23 October 2014

Well I have served notice to the party, the party received the notice and proof I got from post office about receipt of notice by the accused party. Thn the court sent summon, which also got delivered to the accused. After that court issued non bailable warrant because the accused party did not appear, now it has been one year and party still evading arrest. What should I do now?

Also is there any problem as date and amount is put by my lawyer on the cheque given by the accused (blank signed cheque) but sign is by the accused

Also I have not filed any police complaint till now as I dont know if any police complaint can be filed as I have al;ready proceeded with the case under CJM

T. Kalaiselvan, Advocate (Advocate)     24 October 2014

Since you have already filed a case in the magistrate court, it is better that you arrange to execute the warrant by personally visiting the police station with the fresh warrant issued by the court for execution, if the police do not cooperate, you may ask the court to direct the superintendent of police to instruct the concern police to execute the warrant.  As far as the contents in the cheque written by your lawyer, let the accused challenge it before the court during trial then let your advocate handle it accordingly, you should not have let your advocate do it so if you are so much worried about it now.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register