Shakeel (FM) 19 February 2016

Bounced cheque

Since whereabout of bounced cheque culprit is not known, our advocate advised to file criminal case which we did. We filed case in our area and initially police refused on jurisdiction ground however they registered it later. Now police is not taking any action since they are waiting for court order for further action while advocate is demanding police action. I am confused. Meanwhile, advocate has called us again in his office and i expect that he is going to ask again for some fee.

I need help that what exactly should be the course of action.

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5 Replies

FREDYCHARLES RK - Bangalore (Advocate) 19 February 2016

Mr. Shakeel, in recent judgements the jurisdiction is the place where the cheque is to be drawn and the drawer bank....and criminal case is correct and 135na act......but dont think advocate fees is a waste

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 19 February 2016

A cheque bounce has got nothing to do with the police. It is a separate complaint case to be pursued by the holder of the cheque . Therefore police cannot do anything about it . Do one thing . Move an application u/s 202 crpc and seek police intervention in identifying the location of the accused . That is the only option

G.L.N. Prasad (Retired employee.) 20 February 2016

If the Bank branch (PSU) is known, file application seeking information under RTI about the particulars of drawer, and you have to invariably enclose copy of FIR as Bank may not part with the information without larger public interest.

Adv. Yogen Kakade (+ 91 9225510883) 20 February 2016

I agree with the answer of mr. chatterjee

B.N.Raja Mohamed (ADVOCATE) 20 February 2016

When the drawer of the cheque is absconding a petition to proclaim him as an absconding accused can be moved.

When the police as in your case are sluggish in handling the case,the inherent powers of the high court can be invoked seeking direction from the high court