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Aryan   25 June 2017

Applying for passport with bounced cheque case(138)

Hi, My father hasa bounced cheque case pending against him. No travel restriction issued from court. The cheque amount is Rs 40,000, we don't want to pay the complaintant as we had already paid him and he filed the case using the cheque later due to personal grudge.

I applied for my father's passport, but I didn't mentioned about any criminal case pending against him. Will he be able to get the passport while hiding the case on the application? Moreover the case filed with the court has kumar in his name as compared to the actual name on ID documents. Will passport office be able to identify the issue? I believe there won't be a problem in police verification as the officer is our friend.

 

Thanks in advance!



Learning

 10 Replies

Ms.Usha Kapoor (CEO)     25 June 2017

Apply in Metropolitqn Magistrate court for permission to go abroad  frequently as cheque bounce is already settled  with the complainant.You g show proof of that payment and due to personal vendetta complainant has again filed 138 case.You also get police verification cetificate which proves that you don't have any pending criminal cases.By way of abundant prfecaution tell your father to apply in Metropolitqn Magistrate court for your permission to go abroad  frequently as cheque bounce is already settled  with the complainant showing all evidence in support of you.

1 Like

R Trivedi (advocate.dma@gmail.com)     25 June 2017

Cheque bounce as such is no offense against the state, it is quasi criminal..quasi civil. Don't bother if you have not stated in your passport application. Just lead the normal life, make sure that you are present or exempted on all the dates in the case. Don't jump the bail.

Sachin (N.A)     25 June 2017

Cheque bounce case will not creat any problem in passport renewal or while travelling abroad as you said there is no restrictions from court. Be  sure that your lawyer represent you in court if you go abroad.

Advocate Bhartesh goyal (advocate)     25 June 2017

I completely agree with Mr R.Trivedi.

P. Venu (Advocate)     25 June 2017

Yes, the pending case under Section 138 is no impediment, but the particulars of the pending case ought to have been mentioned in the application for paasport.

Dr J C Vashista (Lawyer)     25 June 2017

I agree with experts, there is nothing to worry, let your father may visit/travel abroad with valid passport, no such restriction has been imposed by the Court.

Sudhir Kumar, Advocate (Advocate)     26 June 2017

As long as he is on bail the police verification will fail.

R Trivedi (advocate.dma@gmail.com)     01 July 2017

Mr. Sudhir Kumar, Pl advise why police verification required for passport will fail for applicant if he is on bail? Is it because he has not mentioned about this case or this will happen in general? It may be possible that jurisdiction police station may be different, and in majority of case police has no role or no means to find out about S.138 accused on bail.
1 Like

Aryan   17 August 2017

Hello All,

 

Thanks for your responses. A Quick Update:

 

The complainant had filed 3 different cases using 3 empty signed cheques of my father through different names, so there were 3 different cases. MY father is fighting these cases and is on bail. 

The cases were not mentioned in the passport application.

 

STATUS: The police verification has been submitted and passport printing is initiated followed by lamination and dispatch. 

I believe police verification is cleared. Hoping for the good. 

 

Thanks for you suggestions! 

 

 

P. Venu (Advocate)     17 August 2017

Yes, the Police need not have any information as to NI 138 cases.


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