138 instrument act
salman kausar
(Querist) 22 November 2012
This query is : Resolved
Dear Sir
I issued a cheque of Rs.68000/- to some party whom i have purchased 02 LCD TV. The said cheque bounced due to insufficient funds. Lawyer on behalf of the party issued a notice to me which I ignored and later i got a summon from Saket District court I appeared on the first date and given a statement I shall be paying the amount of Rs.68000/- plus 12000/- as the compensation to the party in the court on the next date which was after one month. On the next date I failed to pay the amount of 80000/-. The hon'ble MM gave me a chance and asked to give the amount after 10 days in the same court. On that day i paid 40000/- in cash to the party in the court which was recorded and promised to give balance amount of Rs.40000/- in another 10 days time in the court on next hearing. On the next date after 10 days I paid Rs.13000/- in cash and a cheque of Rs.27000/- to the party with a promise that this cheque will be cleared, but unfortunately that cheque got bounced and I didn't appeared in the court on the next date fearing some strong action from the court or contempt of court punishment. I am going through a very very difficult financial conditions and some how have paid Rs.53000/- to the party out of 80000/- but since last date when I didn't appeared no summon or any other kind of communication have come accross to me from the court. Can u please guide me what the court will do in this case and how should I face it. Thanks
ajay sethi
(Expert) 22 November 2012
you have already paid rs 53,000 . balance amount involved is only Rs . 27,000 . take a loan from your organisation wherein you are working and pay the amount . what was need to buy 2 LCD TV ?
if you fail to pay case will go on in court . you may be convicted of fthe offence of cheque bouncing . on n ext date pay and let the case be withdrawn by complainant
Kiran Kumar
(Expert) 22 November 2012
its better to arrange money and pay the debt off.
since you have compromised the matter in court so do honour the compromise, otherwise penal consequences will follow.
Nadeem Qureshi
(Expert) 22 November 2012
Dear Salman
first of all you should checked/inspect the judicial file and if there is any order passed by the court against you then you should fight the case according to order otherwise you should contacted to complainant and give him the remaining money.
feel free to call
V R SHROFF
(Expert) 22 November 2012
Court will grant you time.
Request the Court, take longer date to finalise the matter . don't worry.
Raj Kumar Makkad
(Expert) 24 November 2012
Better to clear the debt and settle the matter fro ever instead of inviting the trouble for long.
