Sir
One theoretical doubt
If someone issues a cheque and if it gets bounced
Can we approach local police station and complain on it ? Instead of NI act which is taking manyyy years in court ?
Will police accept case and file FIR ?
RC Gayatri ( ) 27 October 2024
Sir
One theoretical doubt
If someone issues a cheque and if it gets bounced
Can we approach local police station and complain on it ? Instead of NI act which is taking manyyy years in court ?
Will police accept case and file FIR ?
T. Kalaiselvan, Advocate (Advocate) 27 October 2024
Yes, you can lodge a criminal complaint against that person for the offences of cheating and breach of trust, but that complaint will also take years to get disposed even if the police is taking an action to register FIR and prosecute the accused
hence you may better approach the judicial magistrate fast track court with a complaint which will dispose the case expeditiously
RC Gayatri ( ) 27 October 2024
Sir
Thanks for your reply.
In that case what is the section under which case will fall ?
And second thing is court at the end will just punish under that section and / or will force the accused to give back the amount too ?
I know we cannot predict what judges think.
Advocate Bhartesh goyal (advocate) 27 October 2024
Generally police does not register the F.I.R on cheque bounce matters unless specific allegations of cheating or fraud. These days in all over India special courts for conducting cheque bouncing cases are functioning where in less period cases are decided do better file complaint before Judicial Magistrate Court i/sec 138 of N.I.Act.Offence of cheque bounce is punishable upto two years of imprisonment and fine of double of cheque amount.
Dr. J C Vashista (Advocate ) 28 October 2024
I concur with the opinion and advise of learned expert Mr. Bhatesh Goyal.
Generally police do not take cognizance of a dishonoured cheque to register FIR.
However, you can move to area / jurisdictional Magistrate u/s 223 BNSS, 2023 (200 CrPC, 1973) in addition to a complaint u/s 138 NI Act, 1881 where cheque got dishnoured,
Real Soul.... (LEGAL) 28 October 2024
Repeated query,,, it has been almost debated prevously