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What is the police's role in cheque bounce case
01-Mar-2023 (In Cheque Bounce Law)
I given two check of amt 10000 and 30000 to a another party but both cheque goes bounced now they will says to filed a case against me and my brother and father.I want to pay money within 15days bt he Is not giving time and said me to arrested with police so what should I hv to do now.
There is no role of police in cheque bouncing cases, if a cheque is bounced then the aggrieved party files a complaint case under sec 138 of Negotiable Instrument Act, n before filing this compliant case party is bound to serve u notice within 30 days from the date on which cheque was bounced, n u have to give reply of that notice within 15 days of receiving the same. Thereafter only he can file the complaint case on which concerned court serves upon u notice/summon to appear before the court on the prescribed date n seek bail by submitting bail bond along with surities. If u do not turn up before the concerned court on the date fixed for hearing, court may also issue bailable warrant n thereafter non bailable warrant also if u continue to abstain from appearing before court. In that case only police will be involved to ensure ur presence in the court to ensure the compliance of non bailable warrant issued against u. But since u want to pay this amount if the opposite party files a complaint case against u, then u can plea before court to send it for mediation.
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Adv. Shikhar Vats
Delhi | 25+ Answers
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What is the legal action if a cheque bounces?
In India, a cheque bounce is a crime. Its covered by Section 138 in the Negotiable Instruments act of 1881. If a complaint has been filed and the court finds the defaulter guilty, they can be punished by a two-year prison sentence and/or fines that can reach twice the amount of the cheque.
How do I file a complaint against a bounced cheque?
Step 1: Serve a notice. Serving the Legal Notice Draft is the first step in filing a claim against a cheque bounce. ...
Step 2: Making a complaint. ...
Step 3: Provide primary evidence ...
Step 4: The Trial Process
What is the role of police in cheque bounce case?
The police have no role in cases of cheque bounces. If a cheque bounces, the party that is harmed files a complaint under section 138 of the Negotiable Instruments Act.
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.
Fistly you dont have to get panic. Even you can return the amount within 15 days , if he complaint against you in police station , then they will give you chance to present your case. But police cant arrest you for that.
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Adv. Sandeep Kumar
Delhi | 25+ Answers
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As per the NI Act it is mandatory to give a legal notice for payment of the amount . Offence only committed when after receipt of the notice And within the prescribed time you failed to pay the amount . Have you received the legal notice ?
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Adv. Suman Tripathy
Delhi | 25+ Answers
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The NI Act specifies the procedure for bounced checks. Section 142 states explicitly that a court cannot try an offence based on Section 138 without a written complaint to the magistrate. There can therefore be no police complaint filed in cases of cheque bounce.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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