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Case filed under NIA agaisnt a bounced cheque of Rs. 500000
15-Feb-2023 (In Cheque Bounce Law)
A case (criminal proceeding) under NIA was filed in 2013 by a money lender against a bounced cheque of Rs. 500000 at District court at Agra. The fact is that a blank signed was given to the money lender as security for a loan/interest money. The loan was settled in between but the money lender still demand some dues out of it. Thus, not paying the dues, the money lender filed the case as cited.My queries are:
1. How to defend this case?
2. What is the legal consequences of it?
3. How to settle the case legally and how can I come out of it.
As per the act, currently you under a liability of Rs 500000/-. . The apex court in many case have said that presumption will lie in the favour of the complainant and thus the accused has to prove it. As you told that the cheque was given as a security same has to be proved by an evidence. If there is any kind od agreement or any documents of the said loan are avilable.
You can file a bail or can challenge the summoning order in session court at agra or can file 482 in high court Allahabad
You can file a bail or can challenge the summoning order in session court at agra or can file 482 in high court Allahabad
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Adv. Aseem Goswami
Lucknow | 100+ Answers
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SIr,
In consonance with the given set of facts I would like to point out that settlement of loan and proceedings under NIA are two different perspectives. Even if the loan was settled but the proceedings under NIA for cheque bounce shall continue, since it is an offence under sec 148 NIA. It can be inferred from the facts that the the issue relates to settlement of due amount and not Cheque Bounce. So in this particular case under NIA it can be pleaded that this case is filed wrongly against law and hence the respective court does not have jurisdicition to try the case.
The person committing above offence shall be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both.
For further query some documents such as Copy of cheque, Bank statement legal notice by money lender shall be required.
In consonance with the given set of facts I would like to point out that settlement of loan and proceedings under NIA are two different perspectives. Even if the loan was settled but the proceedings under NIA for cheque bounce shall continue, since it is an offence under sec 148 NIA. It can be inferred from the facts that the the issue relates to settlement of due amount and not Cheque Bounce. So in this particular case under NIA it can be pleaded that this case is filed wrongly against law and hence the respective court does not have jurisdicition to try the case.
The person committing above offence shall be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both.
For further query some documents such as Copy of cheque, Bank statement legal notice by money lender shall be required.
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31+
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Adv. Himanshu Srivastava
Lucknow | 25+ Answers
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My dear friend firstly if the court summoned you as a accused then you filed a writ petition u/s 482 crpc with the prayer of the cheque issued again security and you also pay the reasonable amount then may court dent your matter ti mediation center and also proceedings stay
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Adv. Mahesh Kumar Gupta
Kanpur | 100+ Answers
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