CHEQUE BOUNCE CASE
Guru
(Querist) 09 July 2017
This query is : Resolved
Complainant died and case is in mumbai court but hearing hasn't started yet. Its a case of cheque bounce and these sections r against accused IPC 420 (Cheating), IPC 406, (criminal breach of trust) IPC 506 (Threatening). Cheque bounce amount is 12 lacs. Though not a single penny transferred in accused account and no legal agreement has been signed between complainant and accused. Complainant misused accused cheques and make a false case against him. Though its a case of 138 but everything is possible in India. No notice has been serve to accused before registered an F.I.R. regarding cheque bounce. Accused never been into court before but this case taught him life time lessons. Accused is an innocent gentleman and law abiding citizen. Now, Complainant died this year. He was a chain smoker, alcoholic etc Now, what u suggest to accused ? Help the accused to get rid of this case. How to close this case in court. Sincerely,
Guru
(Querist) 09 July 2017
Gurbaksh Singh Maan/Guru
Thanks !
Guru
(Querist) 09 July 2017
I would appreciate, if you share your views regarding this case and show me right path to get rid of this huge burden.
I look forward to hearing from all experts.
Kind Regards
Gurbaksh Singh Maan
Dr J C Vashista
(Expert) 11 July 2017
The complaint shall be closed on the death of complainant since there will not be any person to prove the allegation.
Issuance of a demand notice is prerequisite in a complaint to attract the provisions of section 138 of the Negotiable Instruments Act, 1881.
Prima facie it is an academic exercise.
P. Venu
(Expert) 13 July 2017
The alleged facts posted are less than convincing.
