Cheque bounce, police involvement
druvvasing
(Querist) 24 June 2014
This query is : Resolved
My friend in South India City, owed around Rs 3 lakh to a Delhi based Company. Company's branch staff (South India)and Police came to his house, took him to Police Commissioner's Office (South Indian City). Police Commissioner made my friend give 5 post dated cheques to Company.
Cheques got bounced.
Delhi Company filed case under 138 NI act in Delhi. He did not appear in Court. NBW has been issued. Notice for attachment of property has been issued by CMM. He does not have any property.
Next hearing date is during August.
2 Delhi Police Officers visited his house in South India last week, informed about Warrant to his parents.
He has made part payments before 6 months and nothing recently.
Cheque case is for Rs 1.5 lakhs, and he has made part payments of Rs 1.5 lakh.
Kindly guide him how he can handle his case.
Devajyoti Barman
(Expert) 24 June 2014
What does he want?
He appears to have made the payment.
Ask him to make compromise and compound the case.
druvvasing
(Querist) 24 June 2014
Thank you.
He has not settled full payment, next hearing is during August, with NBW against him with property attachment order.
How should he approach case in above cited scenario.
Devajyoti Barman
(Expert) 25 June 2014
Ask him to attend the court and pray for bail. It would be allowed.
Raj Kumar Makkad
(Expert) 26 June 2014
It shall be better to appear before the court, get regular bail and also offer to deposit the amount of the cheque with 10% extra amount which shall be suffice for the satisfaction of the complaint.
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
A compromise deal with the company directly would help him come out of the troubles, but he should be ready to pay the entire amount so negotiated at one time so that the company withdraws the case pending before the court.
Dr J C Vashista
(Expert) 28 June 2014
Mark your appearnace in the court, take the complaint case for mediation and settle amicably.
RAJU O.F.,
(Expert) 02 July 2014
Please engage a counsel in Delhi to proceed your case.
druvvasing
(Querist) 04 July 2014
Dear Sirs,
Is not the Police wrong to obtain cheque by coercion on behalf of third party in a Police station.
Can this fact be brought to notice before Court?
I am asking this to enlighten myself about what the law says.
ajay sethi
(Expert) 04 July 2014
well you should not have given cheque . now that cheque has been issued and is bounced and case filed appear in court have NBW stayed . apply for compounding of case
V R SHROFF
(Expert) 04 July 2014
Q: Is not the Police wrong to obtain cheque by coercion on behalf of third party in a Police station.
Can this fact be brought to notice before Court?
I am asking this to enlighten myself about what the law says.
ANSWERS:
CHEQUE OBTAINED UNDER CO-ERSION AND THREAT OF POLICE ARREST, ARE NOT issued willingly or voluntarily, and it means no delivery at all. There was no free will .
If you can prove it, 138 do not survive.
Many authorities/ citations, to prove, any writing under threaten/ presence of Police, inside Police station are not binding on accused. 138ni fails..
Raj Kumar Makkad
(Expert) 04 July 2014
I do endorse the wise advice of Shroff on the subsequently raised query.
druvvasing
(Querist) 08 July 2014
Dear Sir,
Thank you for your valuable opinions.
ajay sethi
(Expert) 08 July 2014
thanks for your appreciation
