Cheque bounce for variety of reasons is offense= sc

Dear Mr Cheque Bounce !

I do not criticize the judgement of courts, this is public forum and many harrassed people come on this forum to seek advise, I interject only if the interpretation of courts judgements is incorrectly stated by participants, like in this case, I did not criticise the Apex Court order, I only found your observations grossly inappropriate.

You have not fully read that recent order of honorabel Apex Court, if you had read you would not have made such an erroneous statement:

now SUPREME COURT in 2012 has given clear direction that cheque bounce due to any reason will result in conviction if not paid after notice.

By this statement you finished the defense, cheque bounce and face the conviction !! It does not happen like this. INITIALLY I THOUGHT WHAT YOU POSSIBLY MEANT WAS "SUMMON" NOT CONVICTION, BUT THEN POINT # 2 ALSO IS NO GOOD.

The above order was specifically with respect to applicability of S.138 on PDCs/Stop Payment, the honorable Supreme Court has ruled that S.138 is applicable on PDCs/Stop Payment, and summons can be sent to accused, it also states (read the supplementary order  in the same judgement) that the drawer can take the defense of defective material etc in the case of PDC stopped and if proved it shall be treated as valid defense. The judge cited couple of examples also.

And regarding proving blank cheque a blank cheque, you are an expert lawyer, you know how to do if the cheque was blank at the time of delivery.  If you need any specific query, please share.

When you pose to be more expert than Judges of Higher courts than you should  also offer solution .

Pl refer the main issue  that how to give evidence as suggested by you that the particular cheque was blank cheque.

Your descripttion suggests that you are a counsel for complainant not for accused, you talk of conviction and recovery, so no point telling you about the defense aspect of the accused. In any case defense is very case specific, so please share the case in point and may be I can suggest something.

Generally, we see many cases as told by Respected Madhu Mittal Ji, at the time of loan taken from private financer (Money lender and others), always accused gives blank cheque, blank stamps. These blank cheque were not for the repayment, financer taken for terror.. We dont have any judgement for defence. Please provide if any related judgement to save many accused from these activities and also provide judgement against the financer for the same.

Judgements citations can not fit in all cases.

Accused should properly fight in lower court and there are many mistakes as other defense advocates submit on this site. You should take expert advocate than you can win the money lenders case.

dear experts,pl advise, my  builder  has bounced a check of x amount, i filed the case, in in sept2011,  there after the builder was summoned to court, here he has agreed in front of the magistrate that he owes me the money and will pay the said X amount, and a written understanding  was signed by both the parties as an how the builder will pay the dues,in installments , the judge asked both to go for mediation, from dec 2011, till  may 2012 , the builder payed  20%,  in small bits and amounts, after that he has stopped paying me,  and avoided to be present on all the dates of mediation  till nov2012,  the  mediation judge diverted the case back to the main court. 

Right from dec2012, till date (i,e  alomost 10 dates)the builder is not bothered regarding the payments and said saying do what ever you want, nor does he attended the court,  the Judge  told us to file an affidevite, which was done instantly. but till date nothing has happened and the warrent  hasnt  be issued, instead  the judge read all my documents, and so my credentials,   and  instead  off  giving orders to issue a warrant  asked his bhavsar(pueon),  to call his lawyer name,  fortunatly  the lawyer was there, he asked for new date, next month.june 2013.

i  wish to know  what will be the next course of action, in my case,  what if the builder attends,or if he neglects.

what will be the punishment  as it is bailable, or will i get my money back or  it is as good as a lost case.or there are chances getting the amount. 

please advice  as my advocates are not guiding me properly. they are saying lets wait and watch, what happens,,,,,

Mr. Adi, what u have just narrated is strange. U r Advocate could very well have obtained an NBW by moving suitable application. Change the Adv.

I got cheque of Rs 24000/- dated 20/02/13 i present the chque for clearance but it get bounced i told the party that their cheque bounced, he told he will give cash but till today he dont give a cash & avoiding my phone calls .we didnt given him notice under 138 now on 18/5/13 we represent the cheque but its validity is over please help me what can i do now