bhartesh 22 January 2015

Multiple cheque bounce

hello everybody

please advice in the following case

a person bought jewellery from jeweller and then issued a cheque to deposit in the bank for the payment of jewellery.the cheque bounced.jeweller filed the cheque bounce case .the accused asked for the compromise and a new agreement was made between jeweller and the accused in which it is mentioned that the accused bought jewellery and the cheque bounced and he admits that he has bought jewellery and is issuing three post dated instalment cheques against the original cheque. but now the accused has again turned hostile and has said do whatever you can but i am not going to pay the money. two cheques due date has arrived but one cheque date will be in march.the cheque issuing branch of the bank is outstation branch.please advice what we should do

should we go file cheque bouncing case or should we file 420 case in our own city

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2 Replies

anitha Gutti (Advocate) 22 January 2015

Sir,

You have not stated whether based on agreement/compramise, Jeweller withdrawn the case already filed? If not withdrawn, maintain the case against him and get the order for arrest warrant if he is not appearing before Court. you stated that there is one more cheque that got bounced, check when is the limitation to issue legal notice and proceed to file case against him for that cheque. If the limitation completed for this, then go to the concerned police station and give a complaint stating all the facts without any suppression of compramise between jeweller and accused, and follow up the complaint till the FIR is registered for the entire amount. See whether third chque get cleared, otherwise you need to file another case for that March cheque. Simultaneously you need to maintain Section 138 cases as well as the police complaint, by this there is a possibility that the accused come and settle the matter.