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Cheque bounce case how to escape
01-Jul-2023 (In Cheque Bounce Law)
I was married for 10 yrs. During this I took loan for my higher studies from my husband's brother as my husband was not earning well to support my studies. After 10 yrs of marriage I decided to divorce my husband and it was mutual without claiming any maintenance from each other. We are divorced now. For the loan I did an agreement and indemnity bond also gave post dated cheques. Now they have sent a notice for check bounce. Is there any way I can escape without giving money. What options do I have? Will court punish me if I don't pay. It's 40 lacs. I did stop payment of the cheques which I gave almost 10 checks on different dates for 3years.
there is no way that you can escape the liability.
the divorce proceedings and the cheque bouncing proceedings are different and have no connection with one another.
you can always try and settle the matter by paying an amount that is agreeable to both the parties.
for further queries please feel free to contact
the divorce proceedings and the cheque bouncing proceedings are different and have no connection with one another.
you can always try and settle the matter by paying an amount that is agreeable to both the parties.
for further queries please feel free to contact
Helpful?
Adv. Kartik Krishan Sood
Delhi | 200+ Answers
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How long is jail time for bounced cheque?
A bounced check can land the payer in prison for up to 2 years. Banks also charge a penalty for a bounced cheque. Penalties vary from one bank to another. The amount of a bounced cheque may be subject to different penalties by banks. 08-Feb-2023
Can I file cheque bounce case after one year?
Cheque Bounce Laws In India
Criminal Remedy – is a criminal remedy that is available under section 420 of Indian Penal Code of 1860, which deals with the offense of cheating. It can be requested within three years of the date of issue of the cheque.
What is the new rule of cheque bounce case?
Punishment of repeat offenses: The new laws have introduced harsher penalties for repeat offenders. A person who has bounced a cheque twice or more can be sentenced to up to two-years in prison and fines up to double the amount. 09-May-2023
What is the time limit for 138 case?
The drawer should receive a notice within 30 days after the return of the check informing them of the dishonour of the cheque. They should then demand the amount of the cheque within 15 days from the date of receipt of this notice.
First of all you need to reply to that legal notice that is being sent by your husband’s brother. In that reply you can ask for settlement of the whole amount. The court will not punish you in the first instance if you attend the court proceedings regularly. For more legal assistance I am just a call away.
Helpful?
Adv. Jitender Singh
Delhi | 500+ Answers
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Yes there are ways to win the defence for you. We have to shift the burden of proof upon the complainant and we can walk by easily but for that we need to have a reasonable explanation at plave and we can do that for you.
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Adv. Pawan Prakash Pathak
Delhi | 200+ Answers
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wats thr justification u have for non payemtn of loan amount... is something mentioned to it's effect in divorce settlement or agreement or indemnity.... of wat dates cheque were issued all this willl have to be seen to decide weather can u escape liability or not
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Adv. Rohit Manan
Delhi | 100+ Answers
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We need more facts on your case to understand where n how u used the loan amount ! Was that amount credited to your account ? Who used that loan amount ? How much instalments did u pay etc ..plz b in touch
Helpful?
Adv. D. Khan
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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