akash kumar (student) 16 June 2015

Chequ bounce case sec 138, nri accused

Respected folks ,

Ours is a cheque bounce case under SECTION 138 because the Cheque bounced with reason saying "ACCOUNT CLOSED". accused is an NRI without permenant citizenship residing in UK since 4 years. Hon.Court has issued summons via INTERNATIONAL COURIER to her OVERSEAS address and she refused summons.Hence , Hon.district Court magistrate has issued NBW against the NRI accused on her OVERSEAS address.

Not sure , if NBW can be served outside INDIA via INTERPOL or the MINISTRY OF EXTERNAL AFFAIRS,CPV division as NBW serving amounts to EXTRADITION. But cheque bounce does not have IPC section which they say is COMPULSORY for Interpol -RED CORNER NOTICE to be published.

Please let me know if i cannot serve NBW, how i can make the UK govt/London high commision aware of the accused's pending Criminal case in India thereby Exposing the IMMIGRATION OFFENCE the accused has commited as per the U.K. immigration law ????

Not many advocates have good knowledge on this subject due to the rare number of such cases. Please help.

Thank you very much.

Reply Follow

5 Replies

R Trivedi (advocate.dma@gmail.com) 17 June 2015

That guy is residing in UK for last 4 years, how did you get the cheque ??

akash kumar (student) 18 June 2015

@R trivedi sir,

the Cheque has been issued to us in INDIA, When the accused came from UK to India for few weeks. Kindly explain the significance of your Question if it helps me . Thank you.

rajagopal.s (Lawyer.) 24 June 2015

Need clarification

a) Whether the cheque was a local cheque or from a UK Bank ?

Answer: If an NBW has been issued, you may approach the court by making a representation to serve the NBW to the accused through the Indian Embassy in UK .

akash kumar (student) 27 June 2015

@rajagopal sir ,

The cheque is a local cheque issued in india only, the accused left to UK soon after the issuance of cheque ,the hon. Magistrate has issued NBW on the accused' foriegn adress in UK after serving of summons and forwarded it to CBI wing , Interpol ,Delhi via the diplomatic channel . But , no confirmation yet as to what action willl be taken.We fear the police they will play the delay game considering NI act is not so serious etc.

Everyone says , in NI act , passport impound cannot be invoked as it is Quasi-Criminal.Kindly let me know if there is anything at all i can do to make the accused come to India .Thank you sir

Nick 21 January 2019

Dear Sir/Madam ,

My name is Nikunj and I am living in USA. My uncle did case of cheq bounce on me sec 138. I have hearing on 6th feb 2019. I am citizen of USA. My concern is if I come to India for my first hearing is court will hold my passport or not. And how to handle case.

Thank you in Advance