Cheque return
ROBERT MATHEWS
(Querist) 03 March 2014
This query is : Resolved
DEAR SIR,
I had collected payment from a client and could not provide service. I gave a pdc and could not honour the same.
They have bounced the cheque twice and are threatening FIR AND COURT ACTION.
Please advise what should I do ?
I have requested time of repayment for 3months on email but they have not replied.
Can police arrest in this matter?
can I take anticipatory bail?
Guest
(Expert) 03 March 2014
Don't be careless. Settle the issue without any delay, as harsh legal provisions of sec. 138 of NI Act can prove to be more problematic, painful and costly for you.
prabhakar singh
(Expert) 03 March 2014
I squarely agree with view expressed by Dhingra ji with only one qualification that if they do not agree to settle outside of court and file complaint u/s 138 before Magistrate,just on the appearance date propose to compound it in terms of directions of the Supreme court.
Guest
(Expert) 03 March 2014
Prabhakar ji,
Thanks for agreeing with me and supplementing my reply.
prabhakar singh
(Expert) 03 March 2014
Dhingra ji!
It's a great hon'or to me which I humbly accept.
Nadeem Qureshi
(Expert) 04 March 2014
no need to worry, police have no power to arrest in cheque bouncing cases, they can file a complaint before court after sending a notice to you for 15 days after 15 days they can file the case.
feel free to call
malipeddi jaggarao
(Expert) 04 March 2014
It is a criminal offence under Sec.138 of NI Act.
But police cannot arrest you before the judgement is pronounced.
Hence no need to take anticipatory bail.
At the same time, I too agree with the experts that you should get the matter settled and come out of this at the earliest.
ROBERT MATHEWS
(Querist) 04 March 2014
Dear All,
Thanks for your replies..Grateful
Dear Nadeemji,
Thanks for your support .Please will call you at 1030am today. Please let me know is it possible they use police and court to recover money? I was told they can lodge police complaint and complaint before court BOTH to recover their payment?
Also last nite I had some call on my mobile phone and no one was speaking. I believe it is police tracing me? Can they trace me to my residence also?
Please guide me
thanks
ROBERT MATHEWS
(Querist) 04 March 2014
once the case starts, how long will it take for judgement to be taken?
Rajendra K Goyal
(Expert) 04 March 2014
Time in judgement and case depends upon the rush of cases in the court.
You have been well advised by the expert Dhingra ji and prabhakar singh ji.
Guest
(Expert) 04 March 2014
Rajendra ji,
When the querist wants to have the taste of litigation without having some solid evidence in his favour, any advice can go floating over his head. Let him try his luck to merely buy time on paying its cost, if thinks he can earn money without providing any service to his clients.
Rajendra K Goyal
(Expert) 04 March 2014
Sir PS Dhingra ji,
I humbly agree with your conclusion and advise, there is no scope to differ with it or any part of it, like any other advise of yours.
Guest
(Expert) 04 March 2014
Rajendra ji,
Thanks for your compliments.
T. Kalaiselvan, Advocate
(Expert) 04 March 2014
There is nothing restraining the police from taking action against you by remanding you for the cheating offences under the provisions of IPC based on the complaint lodged by the holder of the cheque. So it is not necessary that the aggrieved party has to file a case u/s 138 of NI act only, he can even lodge a complaint with the police for cheating. So better follow the advise given by the experts and act soon or face the music awaiting.
Sudhir Kumar, Advocate
(Expert) 08 March 2014
PAY THE MONEY DUE TO THE UNSERVED CUSTOMER AND BEG FOR MERCY. YOU ARE VULNERABLE.
