aniket sharma 26 August 2018

cheque bounce case

hi, I m resident in gurgaon. I used to run a business till 2012, however due to loss, I shut it down. a policeman came with warrant at my home in jaipur few days ago as some one filed a cheque bounce case against me. actually 2 one personal against my name and another one on my firm s name. the warrant states I need to be in court on 10th october and also states that I will get bail of 2000 when I appear with 2 guaranters and 2000 cash. I don't know what to do, j have a family here in gurgaon and I have a job in a mnc . is this all going to disturb everything. the amount due was around 2 lacs. I don't know what is the case amount.

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8 Replies

RS Agrawal 26 August 2018

have u recd summons?
u said 2012.... if so it is time barred

warrant is issued, in case u recd summons n fail to appear? first check whether it is summons or warrant?

u must be aware to whom u issued cheque?

u can establish by production of ur bank statement

RS Agrawal 26 August 2018

as u must be aware validity of cheque is 3 month

u issued undated cheque? any covering letter? any communication with party?

sec 138 negotiable instrument act is applicable only if it is legally enforcable debt

aniket sharma 26 August 2018

I never received a simon, and also address on warrant is also incorrect. Yes I know the party . I did not receive any notice or any summon, may be it was delivered on incorrect address

aniket sharma 26 August 2018

yes I shut down the business in 2012, also I was not in the condition to pay . i want to clear the debts however can't do it in one go. what I should do

aniket sharma 26 August 2018

I issued undated cheque , and I have a bill of the material purchased

aniket sharma 26 August 2018

do I have to pay the amount he has filed the case for or the actual billed amount

RS Agrawal 27 August 2018

It is for the person filed complaint to establish that amount he is claiming is legally enforceable debt U should not take summon or warrant until address is correct Appoint some local advocate(Jaipur) collect the file unofficially or worst to worst by third party affidavit Facts n basis of filing case comes to our knowledge n v can decide future course of action