Relief as summons for cheque bounce received from finance company


I got a summon u/s 138 of in act from pvt finance company. How I relief from this? & what can happened with me in future?

Answers (4)


292 votes

your query is not clear. As court procedure after initiation of a complaint case U/s 138 of N.I Act by a complainant the Court upon satisfaction of the said complaint may be pleased to issue summon upon the accused to appear before the Ld.court to answer the charge of offence. here you say that you received summon from the private company .the said company may sent you demand Notice to make payment of the amount of the bounced cheque within Fifteen days on receipt of the said Notice in default the company for realisation of the said amount shall initiate court proceeding against you U/S 138 ,N.I Act within a month from the date of receipt of Notice by you.


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86 votes

Proceedings under Sec 138 NI Act are quasi criminal in nature. If found guilty, fine as double as the cheque amount and imprisonment upto 2 years is the statutory penalty that may come your way.
Remedies cannot be suggested unless the case history is known.

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309 votes

Its not clear from your query that whether you received summons from court or notice from finance company. If you have received notice then you can send a reply and if you have received summons from court then you need to take bail

320 votes

You need to take bail or police will come and arrest you... you need to take bail from the respective court from where you got the summons... and later on if the amount is huge you need to pay... the only thing that in the meantime we can do for you is to delay the matter...

Regards
Adv Rahul

P.s- contact us through Lawrato and to delay the matter and to get bail, otherwise police will arrest you...

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