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Surety in cheque bounce case - please give your opinion
04-Sep-2023 (In Cheque Bounce Law)
Regarding cheque bounce case for Rs. 6 lakhs.Finally accused has appeared in court after 2.5 years (pre-covid) . NBW is recalled with Rs. 300. Personal bond and surety amount is Rs. 10000.Surety is a 70 year man with 1.5 acre in village in court jurisdictionNext stage in court is framing of charge or pleaWhat should I look forward to?nnIf accused does not appear, will land of surety be attached by court?nnIf surety dies before forfeiture or attachment can court still attach his property?nnIs this good news for complainant or should be be worried?
Dear Sir,
If surety dies then you have inform the Court and then court will issue notice to Accused to offer new surety otherwise he will taken to custody. In rarest of rare cases property will be attached. Not to worry the case will concluded within next 6-8 months.
If surety dies then you have inform the Court and then court will issue notice to Accused to offer new surety otherwise he will taken to custody. In rarest of rare cases property will be attached. Not to worry the case will concluded within next 6-8 months.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Is a cheque bounce bailable?
Its an offence that can be bailed. If you fail to appear in court following a summons the court may issue a bailable. You will receive a non-bailable arrest warrant and be placed under arrest.
Can I be jailed for cheque bounce?
A cheque that is not honored can land the payer in prison for up to 2 years. Banks also charge penalties for cheque dishonor. Banks charge different penalties. The amount of the penalty varies from bank to bank.
How can I win a cheque bounce case?
The section 138 would not apply if the defendant could show that the funds were sufficient to cash the check, but that other factors contributed to the payment stopping. The accused is presumed innocent until and unless the contrary is proven.
How do I settle a bounce case on a cheque?
After receiving the acknowledgement receipt within 30 days, we must file the complaint. The money will be recovered (legally) six months after filing the complaint.
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