rathna 27 June 2016

Cheque bounce case

Dear Experts,

I have filed a cheque bounce case for 1.6 Lakhs and all the process it took 1 year 2 months. The accused appeared at court and took the bail and after that he appeared for 3 hearings , he agreed infront of judge that he will repay in 3 installements. Last time, he didnt appear at the court and recent hearing he came to the court and again asking that he will repay in 3 months with 3 installments. We have asked him to file a memo and requested to pay in 1 month but he denied. He is capable to repay the amount but he is simply dragging the case that he will get more time to repay.

We have gone for plea and judge given next date for evidence submission. At this point of time, how many days will it take to get the final judgement? We have all the proofs to submit and he has taken this money 3 and half years back. Here Shall we get interest as well? Will he get Imprisonment as well if once we win the case? kindly suggest your opinion to get rid of this case.

Thanks,

Mahi

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8 Replies

Angad Singh (Lawyer) 27 June 2016

There can be no speculation as to how much time the Hon'ble court will take to adjudicate the case, even though the negotiable instrument act mandates that the courts should endeavour to adjudicate within 6 months of receipt. The remedy under 138 is filing of a case in lieu of which the court may imprison for upto 2 years and/or impose a fine which equates to twice the value of the dishonored cheque. Interest may be given commensurate to the rates given by nationalised banks or if the contract between the complainant and the accused states a rate of interest, then that rate as long as it is not amplified to such an extent that it appears unreasonable.

rathna 27 June 2016

Thanks a lot for the reply. In case if he will not appear in the court for next 1 or 2 hearings then what would be the judgement.

Angad Singh (Lawyer) 27 June 2016

One cannot reallyt speculate as to what judgement a court might render. This is the reason why we have the appeal system in courts. One can only hope for the best and strive to do the same whilst in court.

H. S. Thukral (Lawyer) 27 June 2016

In addition to suggestions given by my Ld. friends herein above, I will advise you also file a suit for recovery under Order 37 of the CPC. Take a certified copy of the cheque, the original of the same is filed in 138 NIA proceedings and go ahead. Criminal courts can not award interest. Accused is fined which sometimes is just little over the cheque amount and sentenced to only for few days.

You can pursue both civil and criminal remedies togather.

rathna 27 June 2016

Thank you so much sir.. we have already filed criminal case. Do you want me to file civil case as well? If he get imprisonment in the criminal case then i am fine. We are struggling a lot beacuse of accused. As suggested above by lawyers, the punishmnet and interest amount will depends on the judgement. We will wait for the best.

rathna 28 June 2016

one more question. After proving accused as guilty, would the court ask him to pay the entire amount in one shot or installments? If in case he fails to pay the amount then what would be next step.