Cheque bounce
Querist :
Anonymous
(Querist) 09 January 2012
This query is : Resolved
I am a conflict of cheque bounce. I have no property. I am married, with one children.
How can I save my self and what is the punisment acc LAW.
Please suggest me.
V R SHROFF
(Expert) 09 January 2012
First give details of Chq etc.
Ur property, wife and child have nothing to do with your query.
Defend yourself,
Immense power of Defense c JSDN. LET US GIVE HIM A CHANCE.
Advocate. Arunagiri
(Expert) 09 January 2012
If the court finds that the offense is made out, you may be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both:
The court can not attach your property or your relatives property.
adv. rajeev ( rajoo )
(Expert) 09 January 2012
If you want to save from this compromise with complainant and get rid of it. If you have got strong case then contest the case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 January 2012
Keep cool, scrutinize the notice, complaint and bank papers very minutely and you will find many faults. I have given complete simple techniques of cross for such cases in forum section which makes easier to win any NI 138 case.
Power of defense is power of negative which is immense. Darkness is negative but it is perpetual , light is positive but you have to make efforts to sustain it
Many suffer due to guilt complex imposed on them, throw it out and fight you will win, that is what Lord Krishana says to Arjuna in Shri Bgagwatgita.
Anirudh
(Expert) 09 January 2012
Dear Mr. JSDM,
You have mentioned that "I have given complete simple techniques of cross for such cases in forum section which makes easier to win any NI 138 case." But I could not locate the same in the Forum Section. Can you please give here the link particulars, so that I can go through the same.
Regards.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 January 2012
I am giving below the exact sequence of cross last conducted by me in a NI 138 case.
Questions about cheque from the complainant.
1) Have you produced any record to show that the suit cheque was received from the accused by you.
Probable answer will be NO.
2) Did you give any receipt to the accused for the suit cheque that it is received against any or all of specific legal liabilities due from the accused to you.
Again the answer will be NO.
3) Have you produced any records to show that the suit cheque was presented for payment at any time to the bank of the accused.
Again the answer will be NO since the cheque is mostly submitted through the bank of the complainant.
.
4) Okay suppose you have submitted the cheque to your bank and your bank on your behalf presented it to the bank of accused for payment. So have you submitted any records to show this sequence showing exact details of the suit cheque with bank markings of all the banks through which this cheque had travelled.
Again the answer will be NO , since in most of the cases all the slips are not produced and whatever produced do not have all the details.
5) Have you produced any of your records or accounts where entries are made to show that the suit cheque was returned unpaid on particular date.
Again the answer will be NO.
6) So you have nothing to show that cheque which is on suit records has been bounced and returned to your bank.
Hear again you must confront the complainant with his earlier no answers and insist the court to record it.
In all such questions insistence must be made for yes or no answer only from the complainant and should not allow him to give any explaination.
Anirudh
(Expert) 09 January 2012
Thank you very much Mr. JSDN.
Regards.
prabhakar singh
(Expert) 09 January 2012
good clues got by Mr.Anirudh from Mr.JSDN
ajay sethi
(Expert) 09 January 2012
unless we know the facts of your case the averments in complaint we cannot advice you on how to save your self
Deepak Nair
(Expert) 09 January 2012
Nice guidance from Mr.JSDN
R.Ramachandran
(Expert) 10 January 2012
The querist says that he is a convict, (conflict is a typo) having no source of income or property.
Thus, all the process of trial seems to have been completed.
In this scenario he wants to know how to protect himself and his family.
prabhakar singh
(Expert) 10 January 2012
I find Mr. Ramachandran's observations valid after re looking into the query.
Raj Kumar Makkad
(Expert) 13 January 2012
He and his family can be saved only if he makes the payment of the amount of the cheque with 10% penalty before the trial court.
V R SHROFF
(Expert) 13 January 2012
"the querist says that he is a convict, (conflict is a typo) having no source of income or property"
HE NEVER SAID HE HVG NO SOURCE OF INCOME.
HIS FAMILY PROTECTION ? QUES DO NOT ARISE.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
Now Mr Shroff has really smelt the problem. He seems to be a convict of cheque bounce. Only remedy is go for revision and ask for free state legal aid.
Shonee Kapoor
(Expert) 13 January 2012
rightly guided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 14 January 2012
Absolutely vague query. Why the cheque was given? How much is the amount? Whether/how/when the amount was due? When did the cheque bounce?
Querist :
Anonymous
(Querist) 18 January 2012
check given sept 2010
about 3.5 lakhs
contract was for 2 lakhs
I have done 75% work company was not giving the payment so I had to stop the work. Another contarctor took that contarct.
so company now putting fine
SAINATH DEVALLA
(Expert) 29 January 2012
Dear Anonymous Author
So at the end you have given the facts.Ok Don't get frustated or fearsome.Our legal system has given us too many loopholes in the judicial process,wherein the complainant may be at an advantageous position till the date of judgement.But suddenly there might be a minute point which was not brought to the notice of the Hin.Court which may save the accused.Hence have patience and act according to the valuable advice of the experts or your advocate in your place.JSDN has given you the process of examination.
