Cheque bounce solution

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 October 2012 My client has issued some cheques to vendors in July`12 out of which 2 have been dishonoured due to insufficient fund and that time there was very financail crunch of my client

The vendor has lodged a complain in the court against against my client vide section 138 of Negotiable Instrument Act.

The court has issued Summons against the above issue.

Now the fund position of my client improved and ready to pay the whole amount.

Is it possible to solve this case out of court by meeting with the vendor and his advocate.

Pls. advise

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)
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13 October 2012 Actually i didn't know about this subject. As per my knowledge i think any case should be settle before submission to court in case of submitted to court then should be wait for the court proceedings and judgment. So better to consult a lawyer he will help you with this regards if any possible ways to settle the case as like you. However post your query at www.lawyersclubindia.com also. Any lawyer or who has knowledge with this regards will answer you.

OM SAI SRI SAI JAI JAI SAI

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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13 October 2012 KINDLY NOTE THAT IN N.I.ACT.SEC.138 CASES , POLICE IS LIMITED TO ONLY SERVICE OF SUMMONS AND IN CASE ACCUSED REMAINS ABSENT ON COURT DATE AFTER SERVICE OF SUMMONS THEN ONLY WARRANT IS SENT TO POLICE STATION TO PRODUCE ACCUSED IN COURT.

BUT IT IS OBSERVED IN SEVERAL CASES THAT ACCUSED PERSONS ARE HARASSED BY CONCERNED PERSONS WHO ARE DIRECTED TO SERVE NOTICE/WARRANT.

HENCE IT IS ADVISIBLE THAT ACCUSED SHOULD NOT BE AFRAID OF THIS COURT CASE AND REGULARLY ATTEND COURT DATES SO THAT WARRANT WILL NOT BE ISSUED AND FURTHER UNNECESSARY HARASSMENT WILL BE PREVENTED.

ACCUSED HAS TO SUBMIT SURETY WITH ALL SURETY DOCUMENTS INCLUDING OWNERSHIP DOCUMENTS OF HOUSE OR LAND OWNED BY SURETY, HIS ADDRESS PROOF INCLUDING RATION CARD, ELECTION IDENTITY CARD, PHOTO AND ADDRESS PROOF OF SURETY AND ACCUSED.ON RECEIVING SUMMONS FROM THE COURT THE ACCUSED AND SURETY SHOULD REMAIN PRESENT IN COURT WITH ALL ABOVE MENTIONED DOCUMENTS AND COURT WILL ACCEPT THE SURETY AND ON SIGNING BONDS BY ACCUSED AND SURETY, THE BAIL WILL BE GRANTED AND ACCUSED WILL BE RELEASED BY COURT

THEN THE COMPLAINANT WILL FILE THE AFFIDAVIT FOR HIS EVIDENCE WITH ALL ORIGINAL DOCUMENTS IN SUPPORT OF HIS COMPLAINT.THIS IS CALLED EXAM IN CHIEF OF COMPLAINANT.THEN ACCUSED/HIS ADVOCATE WILL CROSS EXAMINE THE COMPLAINANT.

COMPLAINANT CAN SUBMIT ADDITIONAL WITNESSES IN SUPPORT OF COMPLAINT.

THEN ONCE WITNESSES OF COMPLAINENT ARE OVER THEN STATEMENT OF ACCUSED IS RECORDED UNDER SEC.313 OF CRPC .ACCUSED WILL BE ASKED TO GIVE REPLY TO THE QUESTIONS AND ALLEGATIONS AGAINST HIM.

THEN WITNESSES OF ACCUSED TO PROVE HIS INNOCENCE WILL BE PRODUCED AND THE EVIDENCE WILL BE RECORDED BY THE COURT.

LAST STAGE IS OF ARGUMENTS OF ADVOCATE OF COMPLAINENT AND ARGUMENT OF ADVOCATE OF ACCUSED

COURT WILL PASS THE JUDGEMENT.

IN CASE ACCUSED IS ACQUITED THEN MATTER ENDS.

BUT IN CASE ACCUSED IS CONVICTED THEN IMMEDIATELY ACCUSED SHOULD SUBMIT BAIL APPLICATION AND GIVE SURETY AND PRAY FOR TIME TO APPEAL TO SESSIONS COURT. COURT WILL DIRECT HIM TO DEPOSIT FINE AS PER JUDGEMENT IN THE COURT IMMEDIATELYTHEN HE WILL BE RELEASED.

HE SHOULD APPEAL TO SESSIONS COURT WITHIN ONE MONTH FROM THE DATE OF JUDGEMENT OF LOWER COURT.
KINDLY NOTE THAT OFFENCE UNDER SECTION 138 OF N.I.ACT IS A BAILABLE OFFENCE AS THE PUNISHMENT PROVIDED FOR SAID OFFENCE IS TWO YEARS.

kindly call/email for further action :

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

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