Check bounce case
uma
(Querist) 06 July 2017
This query is : Resolved
sir my husband had taken 100000 from anyone by giving him blank check . Any how we r not able to pay on time so he submit this check on bank and file the case ..now on 4 July judgement came to pay 247000 to him or either go to jail for 1 year.................sir usne check ko income tax me nhi dikhaya..........check usne khud bhara hai we have given him blank check.................is there any sollution for this in upper court.......kya upper court payment bda sakta hai...................upper court me is case ka result kitne din tak extend kiya ja sakta hai.........................
Hemant Agarwal
(Expert) 07 July 2017
1. "ALL" types of defense justifications and documents can be taken ONLY in the "trial court". The appellate court would usually not interfere in the Trial Court's decision.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Raj Kumar Makkad
(Expert) 07 July 2017
Amount bdhega to nhi lekin upper court me agar pehli hi date par aap compromise ke liye bolenge to aapko kewal 10% jyada dena hoga matlab sirf 1 lakh aur das hjar. aise me sja bhi nhi hogi kyonki lok adalat me samjhota kra diya jata hai. aap vyavastha karke 1,10,000/- ka jugad karke sja aur case dono se bach sakte hain.
Kumar Doab
(Expert) 07 July 2017
Aapko sasta sundar aur tikayu upay bataya gaya hai.
Aap isse labhanvit ho sakte hain.
Kumar Doab
(Expert) 07 July 2017
Shri Raj Kumar Makkad ji ki prashansa karte hain.
Rajendra K Goyal
(Expert) 07 July 2017
You should have taken all these defenses at the trial court.
Now the case has been decided, you have option to go for appeal or pay as per judgement.
Discuss with some senior lawyer, show him full case file..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 July 2017
Your advocate has taken issues which have been rejected by higher courts that a) not shown in income tax 2) complainant has filled the cheque.
Still you can file appeal in sessions court. Court will grant bail and stay to lower court judgment and may ask you to deposit about TEN TO FIFTEEN percent amount.
The matter may go for two to five years depending upon the issues raised and skill of the advocate. SO SEARCH A PROPER ADVOCATE who has contested cheque cases and won.
And instead of taking up STALE stand find faults by study of lower court records, there may be many procedural mistakes by the complainant which may even help you to win the case.
Dr J C Vashista
(Expert) 10 July 2017
Your case is at the appellate stage where counsel of your husband may take up the issues before Sessions Court, which is generally declined.
How can the "Trial Court" punish and award compensation of Rs. 2,47,000/-which is 47,000/- more that double the cheque amount? Sorry your statement can not be accepted/digested.
uma
(Querist) 11 July 2017
Sir Chheck usne khud bhara hai 225000 ka nad we already request him to compromise.......but usne mana kar diya...........ab agar session court me appeal karte hai wo 10 ls 15 persent money jma karate hai agar hum session court me bhi har jate hai to kitna amount jama karana hoga ..........i mean to say kya ye 10 to 25 persent money 247000 me se kam hogi ya ye pura dena padega..................we requested him to take 2 lakh ..........but usne tab bhi mna kar diya......................kahta mai case jeet gya give me 3 lakh.............wo check me bhi ye amount accept nhi karega....usko cash chahiye.............kya uske khilaf or kuchh kr sakte hai
