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Abi (Private)     04 January 2010

Section 138 NIA

Dear Sir

I am NRI and living abroad. I have 138 NIA cheque bounce case pending against me. I have been declared PO by the Court in India. I am unsuccesfully trying hard through my Advocate to pay the cheque amount and damages to complaintant but the complaintant if asking 10 times the amount. Can I seek court remedy like bail and pray to court to pay as per what judge decides without coming to India. Please advise



 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 January 2010

You shall have to come to India and shall have to surrender before court and then can seek your bail. There is no need to offer more money to the complainant rather come and face the situation brevely. You shall get bail and can offer the amount in Lok Adalat wherein the courts try their best to ensure patch up only on the acutal amount of the cheque. Why to afraid Indian courts?

sunil pagare (lawyer)     04 January 2010

You have to appear before court & pray for bail as rajkumarji said. if u paid cheque amout  no civil liability remain but criminal liabilty is in existence. if u move an application for depositing cheque amount in the court & complainant is not ready to take the amount & not withdrawaling the case  Court will consider this thing at the time passing judgement.                                      

virandrasingh (adovocaciy)     05 January 2010

sir  i filled a case in cout for suit decided chaque bouns my friend gave some rupes but After summan accused  apper in court but second time he will not appera in cout  cout  say me that we gave second summn but the we did not that wher lived accused what can my friend

Abi (Private)     05 January 2010

Dear Sir

I thank you for your reply. As the Cheque amount is Rs 28000/- thus coming from abroad will be very expensive. Moreover I came to know that if i came to India and surrender and seek bail still the other party is not willing to accept the payment and if I get bail , they will try to ask court not to allow me to go abroad and have my passport taken by the court, thus in other way they just wanted to harass me in India till the case is not decided. Pls advise solution in this scenerio pls.


Anil Agrawal (Retired)     05 January 2010

 One gentleman advocate has posted this item in the LCI forum. Take advantage, pay 28000 and walk free.

Plz note that the offence is made compoundable by insertion of new section as per amended N.I. Act. Hence a wise accused would simply pay off "only" the dishonoured Cheque amount (any time during the case proceedings - even at the last minute) and walk away merrily from the case. The Court's hands and the Complainant's hands are tied by the said recent amendment.

B K Raghavendra Rao (Senior Advocate)     25 January 2010

Appoint an advocate and in the first hearing itself issue a demand draft or cash in lieu of bounced cheque to the complainant through the court.  Not only your appearance is not required, but also the case would be closed immediately.  The courts are lenient towards accused in cheque bounce cases and if the accused comes forward to pay the cheque amount, the case would not normally be pursued further.

Anil Agrawal (Retired)     25 January 2010

 Please get away from this menace as soon as possible.

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