What to do if I have received a summon for cheque bounce case

Hi Sir,Madam, Received a summon for cheque bounce , which we have issue sep 2016. The PDC was provided to an interior company. They couldn't finish the work on promised date and the measurements of work didn't match with the estimate for which PDC was provided. Hence we have mailed the company that you couldn't complete the wrk and measurement is wrong so I am cancelling the cheque , you finish the work and do a measurement and based on that you can take another PDC. They ignored this and even they were aware they submitted the cheque and obviously it returned by bank. Now they have put a case of cheque bounce case against us. In fact after they received the PDC they didn't focus on work and kept of telling lies that work is complete, We even sent them mails of incompleted work. Just to harras us and extract the money they told verbally many times to put a case and we will be arrested Need help to understand how to proceed now. Is it true that the issuer will be arrested on this case

Answers (2)

265 votes

The cheque bounce is serious offence under one section 138 of the negotiable instrument act and the person who has issued the cheque and the said cheque gets bounced then the said offence is covered under the purview of the act.

Having said that since the cases filed against you for bouncing of the cheque and summons has been issued to you you have to accordingly appear before the said court and take a regular bail in the matter thereafter you have to give evidence. If you fail to do so non-bailable warrant will be issued by the court and if it is executed you will be arrested. Hence I suggest you to appear before the said court at the earliest point of time and take a regular bail.

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152 votes

You may engage advocate and seek exemption on first appearance by showing cause for obscene and next you have to take bail thereafter court will record plea and ask you that you committed Offence and did admit or claim to be trial. Thereafter if you claim to trial then evidence will commence and during cross you can set your defense about agreement and work

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