Dishonour of cheque against court order

Shankar where r u from,

what is the status of ur old case?

whether any judgement is pronounced?

If s whether appeal is pending?

To my understanding, the replaced cheque is nothing but a cheque against your earlier debt, hence a 138 case can again be filed in the matter. On the other hand he can also be proceeded for non-compliance of court order.

Request learned members to correct me, if  I am wrong.

You plead before the court on grounds of contempt by the party against the party which has issued the cheque and also proceed legally by issuing a notice for dishonour of cheque.

This is contempt of court order. File a criminal case for misleading and cheating. 

Mr.Shankar filed contempt petition against this order and filed other complaint under section 138 N.I.act of the dishonour of cheque.as per prescribed rules and regulation.

First initiate 138 proceedings then wait till 1/10/09 to proceed in the old case. coz court grant him time to pay within one month and one is not over. May be he has issued the cheque but may be he pay you the money in Legal notice of 138 proceedings.

Good luck

adv.kamal.grover@gmail.com

u may file another 138 NI Act as well as the Court concerned may drow a proceeding for comtempt of Court. but the matter shuld be informed the Court in black and white as soon as possible.

hello,

you can file a criminal complaint u/s138 of NI act.

vr

Hi,

Go to police station with court order and file Criminal complaint

G.Balakrishnan,Advocate,Madurai

Both Mr.Vinjamuri Ranga Babu and Mr.Balakrishnan are right.

One thing is not clear whether the Ld. Court passed such an order at your instance or on it's own. If the same was passed without your consent then such an order is bad in law as the Courts cannot force a party to settle.

If the same has been passed at your instance then the only remedy you have is to file a fresh case for the new cheque.

You first issue notice u/s 138 of n.i.act.  after 15 days of recept of your notice you file new complaint u/s 138 of n.i.act. 

You may bring above facts before you pending case.