Applying for passport with bounced cheque case(138)

Apply in Metropolitqn Magistrate court for permission to go abroad  frequently as cheque bounce is already settled  with the complainant.You g show proof of that payment and due to personal vendetta complainant has again filed 138 case.You also get police verification cetificate which proves that you don't have any pending criminal cases.By way of abundant prfecaution tell your father to apply in Metropolitqn Magistrate court for your permission to go abroad  frequently as cheque bounce is already settled  with the complainant showing all evidence in support of you.

Cheque bounce as such is no offense against the state, it is quasi criminal..quasi civil. Don't bother if you have not stated in your passport application. Just lead the normal life, make sure that you are present or exempted on all the dates in the case. Don't jump the bail.

Cheque bounce case will not creat any problem in passport renewal or while travelling abroad as you said there is no restrictions from court. Be  sure that your lawyer represent you in court if you go abroad.

I completely agree with Mr R.Trivedi.

Yes, the pending case under Section 138 is no impediment, but the particulars of the pending case ought to have been mentioned in the application for paasport.

I agree with experts, there is nothing to worry, let your father may visit/travel abroad with valid passport, no such restriction has been imposed by the Court.

As long as he is on bail the police verification will fail.

Mr. Sudhir Kumar, Pl advise why police verification required for passport will fail for applicant if he is on bail? Is it because he has not mentioned about this case or this will happen in general? It may be possible that jurisdiction police station may be different, and in majority of case police has no role or no means to find out about S.138 accused on bail.

Hello All,

 

Thanks for your responses. A Quick Update:

 

The complainant had filed 3 different cases using 3 empty signed cheques of my father through different names, so there were 3 different cases. MY father is fighting these cases and is on bail. 

The cases were not mentioned in the passport application.

 

STATUS: The police verification has been submitted and passport printing is initiated followed by lamination and dispatch. 

I believe police verification is cleared. Hoping for the good. 

 

Thanks for you suggestions! 

 

 

Yes, the Police need not have any information as to NI 138 cases.

Dear Aryan,

Thank you for your query! I am Aadil and I will try to answer your question.

 

The short answer to your question is NO. The cheque bounce case should not be a problem.

Since the case in question is a cheque bounce case, and since you have already paid the complainant the required sum of money, if proof of the same can be shown in Court, the case will not be prolonged. Since the Negotiable Instruments Act of 1881 mandates that Courts should strive to dispose of cheque bounce cases within six months from the date of the complaint, and since recent Supreme Court judgements have directed the lower courts to support out of court settlements in cases of cheque bounce, this case should not be a problem. 

The Negotiable Instruments Act lists out the procedures to be followed before a complaint of cheque bounce can be filed in court, wherein it is stated that the payee must send a legal notice demanding full payment of the specified amount within thirty days of receiving the information of the dishonour of the cheque from the bank, and the drawer must reply to this notice by completing the said payment within fifteen days of receiving the notice. If the drawer does not reply within fifteen days, then the payee may file a complaint in Court. Since you have already replied to the notice by paying the full amount, a case of cheque bounce does not exist anymore.

A legal debt or liability is a major constituent of a case of cheque bounce since without it, such a case cannot exist. Since you have paid the full amount, such an unfulfilled debt or liability does not exist.

But, if the case is admitted in Court and is pending at the time of application for a passport, it is possible that it may be rejected by the Passport Authority as per the Passports Act of 1967, which in its Section 6(2) states that if the proceedings of a case in which the applicant has been alleged to have committed  an offence is pending in a Criminal Court in India, the Passport Authority may reject that application.

The Supreme Court has observed that the offence under section 138 is a civil case under the guise of a criminal one. Which means that although cheque bounce is classified as a criminal offence as per the Negotiable Instruments Act of 1881, it is a civil case in its basic nature. Cheque bounce was criminalised only in the 1988 amendment to the Negotiable Instruments Act, with the intention of providing a certain credibility to payments made through cheque and to avoid its exploitation by those with ill intentions.

Owing to these reasons, the Passport Authority should accept your passport application.

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil