Last Updated on May 6, 2018 by Legalseva.net
First don’t panic. This is the best thing to do. Now, talk & engage one of the best/top Cheque Bounce lawyers of Chandigarh Panchkula Mohali District Court. NI 138 Legal Advisors/Attorneys will guide you the best by giving expert advice on Cheque Bounce offence.
How to get Bail in Cheque Bounce cases– Since the Negotiable Instrument s Act, 1881 makes cheque bounce a bailable offence, the accused need not worry much unless non bailable warrants are issued or he/she is declared Proclaimed Offender which is a serious thing in criminal law. That’s why important to know at what stage of a case you are appearing before the court.
Also Read– CHEQUE BOUNCE PROCEDURE IN TRICITY
Now the Legal Remedy in Cheque Bounce cases:
1 Appear on the date given on summon. Counsel for accused will assist you in taking bail from the court since NI 138 matter is a Bailable Offence.
2 Check at what stage you are appearing before the judge. If warrants are issued, then application for bail also has to be moved.
3 Remember to bring your surety along in the court for bail purposes. Take the photo copies of assets as necessary prescribed in the Bail Order.
4 Once the bail bonds are accepted along with sureties notice of acquisition is taken by accused on oath which is also duly signed by him.
5 Then the evidence is fixed for complainant evidence.
Usually in all District Courts ,Cheque Bounce cases are assigned to selective Magistrates. So remember carefully to which magistrate is your case going. These courts are sometimes called specialized NI 138 matters court. You can always see the longest causelists in these courts.
Jurisdiction of Cheque Bounce case lies where complainant maintains his home branch account or place of bank where cheque was presented for clearance.
Cheque Bounce cases are decided by fast track courts in Chandigarh, Panchkula & Mohali. Within a year, you can expect the results of your Cheque Bounce case.
Also Read- CHEQUE AS A SECURITY FOR JOB IN INDIA
Cheque bounce law in India provides for two years imprisonment and double the amount of Cheque bounced.
In case of conviction, appeal lies to sessions and for Acquittal, leave to appeal u/s 374 has to be filed before High Court Chandigarh. Once the leave is granted then only case can be contested again in Appeal.
Let’s have a look at Recent Cheque Bounce Judgements:
- Where the Cheque is drawn by the MD of a Company on his personal capacity, company is not liable even if it is for discharging the dues of company; Supreme Court- Mainuddin Abdul Shaikh vs. Vijay D Salvi
- Dashrath Roopsingh Rathod vs. State of Maharashtra & Anr by SC deciding the jurisdiction of Cheque Bounce cases retrospectively.
- K Subramani vs K Damodara Naidu by SC held Source of Income of Complainant has to be proved in 138 NI Act cases.
- Sampelly SatyaNarayana Rao vs. Indian Renewable Energy Development Agency Limited , Security Cheques are covered under the ambit of provisions of 138 NI Act.
- Vijay vs. Laxman, (2013) 3 SCC 86, so long as the accused can make his version reasonably probable, the burden of rebutting the presumption would stand discharged.
- Balaji Seafoods Exports vs.MAC Industries Ltd (1999 (1) CTC 6) of Madras High Court clearly provides distinction between a post-dated cheque given as security and post dated cheque issued for satisfaction of subsisting liability.
From the news:
- SC directions for speedy disposal of cheque bounce cases once the court is satisfied on the payment of cheque amount, cost & interest reports LiveLaw.in
- Offence under Sec. 138 NI Act is Person Specific. Concept of ‘Taking Cognizance of the Offence and Not the Offender’ Not Appropriate in Cheque cases by LiveLaw.in
- “Compensation’ Recoverable From Accused Even if ‘Default Sentence’ has been suffered by LiveLaw.in.
- Court Orders woman to be prosecuted for filing false Cheque Bouncing Case by TheHindu.
- Consumer Commission Imposes Rs 50 Lakh Fine on Firm for False Cheque-bounce Cases by News18.com.
In Cheque bounce cases statutory compliance is a must. Complainant must present the legal notice within 30 days of Cheque Bounce, on receipt 15 days is given to accused to repay the money or else case is constituted within a month (irrelevant whether 30 days are there in a month or not) on expiry of 15 days in the court where jurisdiction lies.
Also Read- 7 THINGS YOU SHOULD KNOW ABOUT CHEQUE BOUNCING
It is mostly seen that the people blackmail and forcefully try to exhort money in lieu of blank Cheques in their possession. If there is legally dischargeable debt then the accused has to pay back the money at all cost but if the Cheque is taken from custody by illegal means then case on complainant too can be filed under section 465, 467, 468 and 471 of IPC. The courts must be shown the proof of debt or liability existing on the date when the Cheque was issued. The most often trend of Cheque Bounce cases is with business partners when the relationship turned sour and Cheque bounce case is filed to settle the score.
The plea taken by most of the people is that their Cheque Book is stolen or taken from possession illegally. People taking loans from private financiers are mostly affected by False Cheque Bounce cases.
Cheque bounce cases are summary trials and usually run at a very fast pace. So don’t expect adjournments that soon. Talk to your advocate to move personal exemption if you are not appearing as an accused or complainant. It is mandatory or else this can land you in trouble.
Also Read- ALL YOU NEED TO KNOW ABOUT CHEQUE BOUNCE IN 2017
Fee in Cheque Bounce Cases is proportional to the amount of Cheque and if there are multiple from the same complainant and regarding the same business transaction, then somewhat it can be compensated . But you have to shell out more for an expert and experienced cheque bounce lawyer.
For Bail amount and sureties, there is no such fixed rate card and it depends on the satisfaction of the judge. So magistrate can order whatever amounts he finds suitable. The crux of cheque bounce cases is usually the cross examination in which the attempt is made to unearth the real truth. A top/best cheque bounce lawyer would be able score on this aspect.
Over to You!
Seeking advice from expert cheque bounce lawyers in Chandigarh Panchkula Mohali is no more a daunting task. Just pick your phone and dial 99888-179666 to seek assistance.
