1 Summons from court for cheque bounce

589 votes

okay I understand your questions so now you got notice from cheque bounce case right si first step is you will take a bail from court regular bail and need surity also so how much chek amount is their deoendbup on suirity so do you need any legal help contact me thank you

Advocate Bhagya C H LawRato

923 votes

since it's a cheque bounce case you need not to worry much. on first date of hearing do attend with your counsel were they will file one Bail application along with one surety and you are free to walk after taking Bail from court.

if your facing any issue and not in position to attend the first date of hearing your counsel can file an application to exempt your first appearance and take one more date to provide bail and surety.

Advocate Nitesh Kumar Singh LawRato

560 votes

Under Indian law, when a cheque is issued as a surety, it means that the cheque is not intended as a payment but rather as a security for some other transaction. In such cases, if the cheque bounces, the liability of the issuer will depend on the terms of the surety agreement.

If the terms of the surety agreement clearly state that the cheque was issued as security and not as payment, and that the liability of the issuer is limited to the actual amount due under the main transaction, then the liability of the issuer will be limited to that amount.

However, if the terms of the surety agreement are not clear or the agreement does not mention anything about the cheque being issued as security, then the liability of the issuer will be the same as that of any other cheque issuer in a bounced cheque case.

In such cases, the party who deposited the cheque can file a complaint before a magistrate under Section 138 of the Negotiable Instruments Act, which provides for punishment for the offence of cheque bounce. The issuer of the cheque can be punished with imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, or with both.

It is important to note that the surety agreement and the intention of the parties at the time of issuing the cheque will be important factors in determining the liability of the issuer in a cheque bounce case where the cheque has been issued as a surety.

Advocate Abdul Zahir Shah LawRato