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Advice in slow court procedure for cheque bounce case.


30-Nov-2023 (In Cheque Bounce Law)
Hi sir, My father had given borrow to know person about 14 lac’s, he gave cheque’s as well as promissory notes. The payee mentioned date on the cheques and he failed to pay. Then the cheques presented in the bank it was bounce. We just follow 138 NI Act procedure, He is not attending to the court, even two times warrant issued, he is simply recall the warrant. We are going to file civil suit for recovery of money, but he doesn't have any lands are houses on his name. “Whatever the cheques he given to my father, that account is not in Active mode” 1). He has many bank accounts in different banks with solid savings, but we don't know his account numbers but we know in which banks he has accounts. 2). He runs a business(ex: vehicle spare parts distributor) as well as shop(rented shop). 3) Accused is a Income Tax payer. We have video recording’s and call recordings regarding while writing cheque and promissory notes hand over to my father. Please guide me how to proceed in t
Answers (3)

Answer #1
836 votes
When you know his bank accounts has good savings and he has business of spare parts that would help you to file suit for recovery of money and attach that money and business which he has to recover your money by getting court orders and also 83 CRPC proceedings gives complainant right to attach property of accused you can followup that procedure in NI ACT.
Answer #2
569 votes
You need not find out his other bank accounts you present cheque even the account is not in active mode 138 be attract you oppose his recall then he be arrested and trail be completed after that he or his persons may pay the cheque amount
Answer #3
842 votes
Dear,

First of all, object against recalling of warrant by the accused as the court should not recall the warrant each time at a stretch. Try not to allow recall of warrant next time. File a civil suit of recovery against the defaulter and proceed with the case mentioning about the fact of his having bank accounts in various banks and seek the submission of bank account details of the defaulter in the court during the proceedings. Also highlight the fact of his running businesses and paying income tax. The court will direct the person to submit the details in the court. Feel free to contact if you need further clarification.

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