Regarding cheque return.
prem
(Querist) 03 March 2012
This query is : Resolved
I had issue 2 cheque of re 50000 & 100000 to a company on 17/11/11 and 19/11/11 Respectively.Due to some finiancial problem boath chque return.I had made a payment of Rs 20000 by cash and Rs 50000 by cheque on 19/01/12 and 10/02/12 (I had the recipt of 2nd party which i pay.)Now the 2nd party send me notice for cheque return of Rs 50000 & 100000 please tell me what i do ? i pay him 80000 the rest amount or will i have to pay the payment of Rs 150000.
Prem
9934366606
Raj Kumar Makkad
(Expert) 03 March 2012
You make reply of the notice and clear the entire condition/facts as stated by you above. In this way, he shall be unable to file a criminal case and even if filed, offer on first date the remaining amount of the cheque.
prem
(Querist) 03 March 2012
Respected Raj g if 2nd party filed a case against me then i have to firstly take a bail to relif or what ? plz sugest me
Kirti Kar Tripathi
(Expert) 03 March 2012
Once case is file you have no option except to get bail. But during trail you can place the correct position and pay rest of the amount on the first day of hearing as suggested by Mr. Makkad.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 March 2012
Once case if filed you have to contest it. You can make out of court settlement but in court you have to contest otherwise if you admit , you will be convicted.
Nadeem Qureshi
(Expert) 03 March 2012
Dear Prem
no need to worry this is a bailable offence and you got the bail same day.
feel free to call
V R SHROFF
(Expert) 03 March 2012
You can be released on your own PR Bond al;so, and can be extended for 2 years. All Courts have their own procedure for either Bail, or Cash Surety, or PR BOND or regular bail.
C. P. CHUGH
(Expert) 04 March 2012
Reply to notice and attach alongwith it a demand draft of balance payment you agree to pay. Once whole of the consideration of the dishounoured cheques has been paid, none would like to file a complaint. Even if he file the same, on receipt of summons from the courst, apply for personal exemption on the first date of hearing through a counsel, this way you would be spared of getting bail, and then your counsel can apprise the court of the facts with a copy of reply to legal notice. The Trial court may dismiss the oomplaint being not maintaibale.
