Cheque bounce case in high court

592 votes

Quashing of Complaint under Section 482 of the CrPC (or Section 528 of the Bharatiya Nagarik Suraksha Sanhita, BNSS):• The accused (person who issued the cheque) can approach the High Court to quash the Section 138 criminal proceedings. • The High Court typically refuses to quash a case if there is a prima facie case or if the question of whether a debt was time-barred or valid requires trial evidence. The Supreme Court has repeatedly held that High Courts should not conduct a mini-trial or re-appreciate evidence at the pre-trial stage under Section 482

Advocate Dhanalakshmi U LawRato

729 votes

Dear Sir The timeline for a trial court to issue a warrant after non compliance with an interim deposit order is not fixed by statute as it depends on court process speed and the actions of the complainant ​Once the order period lapses the respondent can immediately move an application before the trial court to report non compliance and request execution of the sentence or issuance of an arrest warrant ​The trial court usually lists such applications within a few days to two weeks depending on the court docket after which it may issue a non bailable warrant or notice ​After issuance the warrant is sent to the local police station within two to seven working days depending on court administrative dispatch and local police execution timing ​To avoid arrest or forfeiture of bail you should immediately file an application before the High Court seeking an extension of time to deposit the ordered amount or pay a partial sum to demonstrate good faith

Advocate Kishan Dutt Kalaskar LawRato