Check bounce Matter
Sam
(Querist) 31 August 2010
This query is : Resolved
I have given cheques to ex employee with out dates, Now when on delay in retuning him the money he said If I do not pay lumpsum he will go to court . I do not have lumpsum money and I m ready to go for Installments like 10K PM ,The total amount is 68000/-
Can I get the anticipatory bail to avoid any disastrous condition like jail .I am ready to pay with in 6 months. Pls Guide me
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 August 2010
No anticipatory bail in this matter.
Even case is filed it is bailable offence and you will get bail first on personal bond.
pawan sharma
(Expert) 31 August 2010
yes,
the matter a bailable and summon case, you take the bail as the matter of right.
H. S. Thukral
(Expert) 31 August 2010
There will not be any arrest warrant in summon case in the first instance. When summons are received you furnish a surety bond at the time of making appearance, as desired by the court and you shall be admitted on bail. Since the offence is bailable, anticipatory bail application shall be dismissed.
H. S. Thukral
(Expert) 31 August 2010
There will not be any arrest warrant in summon case in the first instance. When summons are received you furnish a surety bond at the time of making appearance, as desired by the court and you shall be admitted on bail. Since the offence is bailable, anticipatory bail application shall be dismissed.
Rajeev kulshreshtha
(Expert) 31 August 2010
There is no need for anticipatory bail. You can issue a notice to your employee stating your position and directing him not to fulfill the cheque and filing of complaint on the behalf of that undated cheque.
Guest
(Expert) 31 August 2010
KINDLY NOTE THAT THE PERSON HOLDING THE CHEQUES MAY DEPOSIT THE SAID CHEQUES IN BANK AND GET THE SAME DISHONOURED.HE HAS TO ISSUE YOU A LEGAL NOTICE AND DEMAND THE AMOUNT OF CHEQUE WITHIN 15 DAYS. IT YOU SETTLE THE AMOUNT IN SAID PERIOD MATTER ENDS.
BUT IN CASE YOU CANNOT SETTLE THEN HE WILL FILE A CASE AGAINST YOU UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT.YOU WILL GET SUMMONS THROUGH POLICE FOR APPEARING IN COURT ON NEXT DATE.IT IS BAILABLE OFFENCE AND YOU MAY APPEAR IN COURT AND SUBMIT SURETY DOCUMENTS.
YOU MAY DEFEND THE CASE IN THE COURT WITH THE HELP OF LEGAL EXPERTS.SO THAT YOU GET SUFFICIENT PERIOD FOR SETTLING THE AMOUNT.
KINDLY NOTE THAT SAID OFFENCE IS NOW MADE COMPOUNDABLE IN THE COURT.HENCE BE CONFIDENT AND DO NOT GET AFRAID OF HIM.
YOU MAY WRITE AND SEND DETAILS FOR FURTHER HELP.
GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
Uma parameswaran
(Expert) 31 August 2010
Give a legal notice to the ex employee and give stop payment letter to Bank.
