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Can police do immidiate arrest in cheque bounce case
25-Jun-2023 (In Cheque Bounce Law)
iWe are operating manufacturing business in Andhra Pradesh, recently we had entered into an agreement with an individual that we are borrowing the money from him for the sake of business and the amount should be returned within six months along with interest and we had given him cheques (A/c payee) as a security along with the agreement (mentioned in agreement ) and we had made part payment and we are asking him some more time for the balance repayment due to severe business losses and we don't have any money withus right now and we also assured him that we will make his payment once we get money sooner, but in mean time he had deposited those cheques which were bounced back due to insufficient fund and he had gone to the police station to file the case without issuing any notice to us. We need some information like whether the police can file 420 case on us and take into custody immediately and what steps should we take from our side?
Hello,
The individual contemplated criminal action against you and he can do so without issuing any notice to you.The police can basing on his complaint register a case of cheating (420 IPC) and criminal breach of trust (406 IPC) against you. The police after registering of FIR cannot arrest you as they need to issue you 41 A notice for recording your statement. Obtain anticipatory bail from the session court as soon as you get the said notice or obtain regular bail from the magistrate court if you wish to surrender before the court.
The individual contemplated criminal action against you and he can do so without issuing any notice to you.The police can basing on his complaint register a case of cheating (420 IPC) and criminal breach of trust (406 IPC) against you. The police after registering of FIR cannot arrest you as they need to issue you 41 A notice for recording your statement. Obtain anticipatory bail from the session court as soon as you get the said notice or obtain regular bail from the magistrate court if you wish to surrender before the court.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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The Police has no role to play in this regard.Police have no jurisdiction to entetain any complaint from any one in the event of dishonour of any cheuqes. Only option to the bearer of the cheque is to follow the provision of section 138 of NI act.There are few steps to follow by the complainant .N1. The cheque should be within 3 months.(2) 15 days notice to be given after dishonour of the cheque by the banker.3.if the accused not paid the amount if at all due ( legally enforceable debt),then he has to fail the compliant before the competent criminal court under its jurisdiction within 30 days.Here the police cannot either take any compliant nor take action.
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Adv. Ram Susarla
Hyderabad | 25+ Answers
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Dear Client,
You must obtain anticipatory bail from the District Court or High Court, if the opposite party lodges a complaint against you and the same was registered as a crime in the concerned police station. Then the police authorities will not arrest you. Another option is you must go the police station when the police authorities call you and answer their queries and after enquiry if any crime is registered and take you into custody, you must obtain bail from the concerned magistrate before whom you were produced. Don`t worry. There are so many options for you. Generally Police Authorities will not entertain any case that fall under Section : 138 of Negotiable Instruments Act as there is no mens Rea ie., criminal intent to cheat the opposite party. Take expert legal advise of experienced advocates, they will guide you in an appropriate way.
You must obtain anticipatory bail from the District Court or High Court, if the opposite party lodges a complaint against you and the same was registered as a crime in the concerned police station. Then the police authorities will not arrest you. Another option is you must go the police station when the police authorities call you and answer their queries and after enquiry if any crime is registered and take you into custody, you must obtain bail from the concerned magistrate before whom you were produced. Don`t worry. There are so many options for you. Generally Police Authorities will not entertain any case that fall under Section : 138 of Negotiable Instruments Act as there is no mens Rea ie., criminal intent to cheat the opposite party. Take expert legal advise of experienced advocates, they will guide you in an appropriate way.
Helpful?
77+
77+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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