In cheque bounce case, if drawer runs away?

Dear Querist

first of all send the legal notice to his address and wait 15 days after 15 days you can file a criminal complaint u/s 138 of NI ACT against him before court.

read section 138 of NI Act carefully

Some people sent notice, but got revert as no person of same name stay here...

Dear Sanjay,

 

Filing under section 138 N I Act would be futile exercise. File criminal complaint of cheating with police and get the FIR registered.

 

Rajiv Bhasin (Advocate)

Managing Partner 

Bhasin Legal Consultants

www.bhasinlegalconsultants.com

E - mail:bhasin.laws@yahoo.com - Mobile 9811210505

Dear team thank you for reply. I want to know few more things , As that lady had given me cheque of 30th Jan' 14 and from my source I have come to know that there is 0 balance n no transaction in account from Oct' 13. Also she is eloped, not answering call. So for now I mean before cheque date I can file a cheating case against her..? Or she can file case against me as she had given cheque of 30th Jan, 14 and I m filing cheating case against her before that date only..???

Dear team thank you for reply. I want to know few more things , As that lady had given me cheque of 30th Jan' 14 and from my source I have come to know that there is 0 balance n no transaction in account from Oct' 13. Also she is eloped, not answering call. So for now I mean before cheque date I can file a cheating case against her..? Or she can file case against me as she had given cheque of 30th Jan, 14 and I m filing cheating case against her before that date only..???

Dear,
Your case is covered under section 138 of negotiable instrument act which says
138. Dishonour of cheque for insufficiency, etc., of funds in the account. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice. To any other provision of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both.
You can file a case under it.
You can file a case for fraud also under section 17 of Indian Contract Act,1872 under which maximum punishment given is 7 years or fine or both.
17. " Fraud" defined.-" Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent with intent to deceive another party thereto of his agent, or to induce him to enter into the contract:-
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent

Regards

Isha Bhardwaj

lawkonect.com

09555507507