Uday Kumar (Lawyer) 13 July 2025

In a cheque bouncing case, how to execute 2 years impressment

in A cheque bouncing case, Punishment given, 2 years imprisonment given and granted one month bail for remedy and complaint closed and consigned to record room.

One month time expired ..Accused is still out and not filed any appeal

in that case how to execute the punishment of 2 years imprisonment

Do we need to file execution or what next ...kindly advise and oblige

With Regards

Uday Kumar -Advocate

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Quick Summary

If an accused in a cheque bouncing case has been sentenced to two years imprisonment but has not surrendered to serve the sentence after their bail expired, the complainant can take action. You can file a memo with the trial court detailing the accused's failure to comply and request immediate arrest and jailing. Alternatively, an execution petition can be filed before the trial court to enforce the court's judgment, which may include asset attachment, property seizure, or directing the accused's arrest.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 13 July 2025

You can file a memo before the trial court mentioning this lapse on the part of the accused and pray to court to immediately direct the police to arrest him and send to Jail.

Dr. J C Vashista (Advocate ) 14 July 2025

File an execution petition before Trial Court.

T. Kalaiselvan, Advocate (Advocate) 14 July 2025

In a cheque bounce case (under Section 138 of the Negotiable Instruments Act), if the court finds the accused (drawer) guilty, it typically issues an order for the accused to pay the cheque amount, possibly with additional fines or imprisonment. If the accused fails to pay as per the court's order, the complainant (the payee) can file an execution petition. This petition is a request to the court to take further steps to enforce the judgment.

The execution petition allows the court to employ various methods to recover the money from the accused, such as:

Attaching the accused's assets.
Seizing and selling the accused's property.
Directing the arrest of the accused.
Other relevant legal procedures to ensure the judgment is satisfied.

P. Venu (Advocate) 14 July 2025

Is your client interested more interested in sending the accused to jail or in getting his money back? Now-a-days, it is seldom that Courts award such prolonged imprisonment.