2nd cheque bouncing

Mr. Rao

as per your information the accused given another cheque before hon'ble court & same was bounce, as per my opinion no need to file another case u/s 138 NI act, file an application before the court & inform the court that the accused are not ready to pay the amount and delay the matter unneccesary.

you have also write to file another compalint against accused for this cheque.

Mr. Nadeem , is it easy to get our money back after filing a 138 ?

Under NI 138 you can expect conviction not money. If the accused do not have money  and is ready to face conviction - no remedy to get money.

If the accused is ready to pay money will the case close?

If the accused is a broke, you cannot put him behind bars..please see the supreme court judgement...

Jolly George Varghese vs Bank of Cochin, AIR 1980 SC 470

It reads, "From the perspective of international law the question posed is whether it is right to enforce a contractual liability by imprisoning a debtor in the teeth of Article 11 of the International Covenant on Civil and Political Rights. The Article reads:

No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation."

Gautam

I disagree with JSDN,

In the instant case, the person would definately pay.

And if you have a true case, you generally get your money back, provided you take effective steps from the beginning.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks for the replies.i need more replies based on the facts submitted by me catogorically and according to law and not on sentiments .More replies are invited from many more learned advocates.