Can a person be imprisoned under cheque bounce case
12-Apr-2023 (In Cheque Bounce Law)
I have filed case u/s 138 on my known.three check bounced due to insufficent fund and total amt is 8,50,000.the case is in cross stage.in the notice u/s 251 opponent agreed that he owe 8 lkh rs from me and still she is liable to pay 3 lkh to me.he is lieing about the liability as its more.anyhow she agreed that she is liable and also agreed that she issued a cheque to me with her signature but saying that he only signed and did nt fill rest of the field.my question is as he agreed that he is still liable to me for 3 lkh,is there is chances of imprisonment.i also got the information through law sites that 138 is nothing to do with recovery its only for wheather the person is guilty or not .
In the Negotiable Instruments Act 1881 if any person is deemed to have committed an offence under Section 138 then he/she will be punished with imprisonment for a term that can extend up to 2 years or with fine which can be twice the amount of the cheque or both.
Yes, proceedings under section are meant to determine the guilt of the accused but, since the punishment may also be a fine double the amount of cheque, prerogative lies with the Court. Ideally, for the recovery, there should be a separate civil suit.
As to the imprisonment, accused may also be imprisoned.
As to the imprisonment, accused may also be imprisoned.
Of course, it is right. Your case u/s 138 is crimial in nature and not civil, had it been civil, then a decree u/o 12 - 6 had been passed then and there, but in ur case, you have to contest the case, it is not merely for recovery but for punishment. however, it is not clear she agreed for 8 lkh or 3 lkh??
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