Last Updated on December 31, 2018 by Legalseva.net
Offence of Cheque Bounce is a criminal offence for which the defaulter can be prosecuted under Negotiable Instruments Act, 1881 and further may be awarded 2 years jail or twice the amount of cheque or both.
So it is compulsory /mandatory for you to apply for Bail on the first date.
Also Read- FALSE CHEQUE BOUNCE CASE. DEFEND IT!
But
1 I haven’t issued the Cheque.
2 There is no liability against me to pay.
3 My Cheque has been stolen and probably misused.
4 I have been falsely implicated and many other.
There can be n number of reasons but you have to defend your case and it will be seen in the end only whether any Legal Enforceable Debt (LED) stands or not.
Also Read- LEGALLY ENFORCEABLE DEBT IN CHEQUE BOUNCE CASES
Now first thing first .
1 You have got a summon in Cheque Bounce and now you are thinking what to do?
2 Apply for Bail and arrange a surety who will take your guarantee of appearance before the court. The amount is proportionate to your cheque amount and discretion of judge. So it may be 20K, 25K, 50K, 1 lacs or be it any. So come prepared.
3 Should I engage an expert Cheque bounce lawyer/advocate ? Choice will always be yours but always better to have a professional.
Since under Cheque Bounce law the onus is upon accused to disapprove the liability to get discharge.
Also Read- CHEQUE BOUNCE CASE ACQUITTAL IN A CRIMINAL CASE
If he can’t, then you will be convicted for sure.
4 What if I don’t take Bail? Non bailable warrants will be issued and you will be picked in the middle of night by the police for appearance before the magistrate the next day. They can keep you in jail for atleast 24 hrs as per law.
5 What Next?
Ensure that you appear on the day fixed. Preferably engage a lawyer who can assure you of acquittal and assist you in bail on the very first day of your cheque bounce case.
Also Read- CHEQUE BOUNCE PROCEDURE IN TRICITY
If you still have any questions on the subject, feel free to call 99888-17966.
