(Guest)

Cheque bouncing cases

suppose a person has issued cheques to few people for his liability and now he is unable to pay for the liability and the cheques bounce and one of them files a case us 138 and he is convicted and sentenced now can other people also file a case against him after he comes out of jail term or when he is in jail term and can he be punished under the same section again...or he will get benifit of double jeopardy??? PS: ALSO ASKED IN EXPERTS SECTION

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(Guest)

In Cheque dishonour case everything that matters is limitation period...By the time the accused will come out of Jail its limition period would be hopelessly barred..
PS: It doesn't matter wherever else you asked this question!!

R.Ramachandran (Advocate) 05 January 2018

Complaint u/s 138 can be filed for each cheque bouncing.

Therefore there is possibility of multiple cases and if proved multiple convictions.

The doctrine of double jeopardy has no application in this situation. This is for the reason that the punishment if any is based on different facts though the punishment may be u/s 138 N.I. Act.