Upgrad LLM

cheque bounce and decree issue for arrest


My step mother issued a cheque which got bounced and now the statement is out for her arrest. Can she compromise and escape from getting arrested now? Also, She had taken the money stating that i will be sending her the money and upon receipt of which she will be paying her loaner and later stated that the cheque i issued had some issues, while i never got into such promises at all. Can i take her to court and sue for defamation? What would be the charges and how long it may get dragged?
 
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Advocate

You have not posted the complete and material facts. No one could be arrested just because a cheque had announced.

 
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Lawyer

It appears that you filed a case against her under section 138 NI Act and she failed to answer summons from the court. In the circumstances a NBW was issued against her. 

She can now appear before the court and apply for bail. the offence is bailable and therefore she would be admitted on bail on conditions imposed by court. Further the offence is compoundable and if you want to withdraw the complaint, court can permit you do so. If the accused also appears and agrees to pay to the complainant, the complaint can be dismissed. 

In the facts and circumstances no case of defamamtion lies. A case under section 420 IPC can be made out against her.


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Thukral - thank you for the response. 1. No I did not file a case against her. 2. She took money from a third party and the 3rd part filed the complaint and got the order from the court for her arrest. 3. The 3rd party says she gave the money to her, because my name was mentioned in between - that i will be giving the amount that will be used to pay her back. 4. I was not aware at all about that the money was borrowed stating my name. Isn't that a defamation? Using my name to borrow money from others?
 
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Advocate

I have received the following private message from the author:

"Venu - "No one can be arrested for check bounce" is a no brainer!! My posting says there is statement out for arrest. Do you think I will issue a arrest warrant? It is court. You dont need the complete details to understand the facts dude!"

The author appears to be in a hurry to prove himself to be an overtsmart!

 
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Venu - Can you please let me know where i am being oversmart here? Judge has issues the warrant. Do i need to avail your services to understand what is written in the warrant? and then again hire someone for filing a case.. That is what i said is no brainer.
 
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