LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Preethu (Student)     19 October 2013

Repeat cheque bounce offence


If a person is repeatedly involved in cheque bounce (morethan 5 cases) for several years and facing multiple cheque bounce cases within the same area, and have proved few cases, what would be the court view on this?. does court take him seriously and punish due to long history of repeated cheque bouce? or can they let it go with little penalty. Thanks.


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

Your question is peculiar.  Court has got no business to take other cases into consideration while deciding about the case in hand because the circumstances will be different in each and every cheque bounce case so there is no need to verify the antecedents to decide about the case in hand.   Each case will be decided on its own merits and not depending on other cases.  The accused in cheque bounce cases cannot be treated as a habitual offender like any other criminal case.

Preethu (Student)     19 October 2013

Thanks sir, what is considered as "habitual offender" in cheque bounce case. Any reference / judgements would help us. In our case, a person is facing multiple cheque bounce case for the same reason "in-sufficient funds" which was issued to multiple vendors to clear the supply bills and some personal loans taken by him. Thx.

T. Kalaiselvan, Advocate (Advocate)     19 October 2013

Every cheque bounce case before the magistrate will be treated as a different case and if any party in any of the case is different, joint trial also cannot be done hence the question of magistrate deciding all the cases of a particular accused in pre-determined manner is against the law and natural justice.  Moreover there is no word called habitual offender in the cheque bounce case because it is not purely criminal case, it is quasi civil.  Though all the cases have one and only reason i.e., 'in sufficient funds', each case is a separate case and different.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register