CHEQUE DISHONOUR CASE UNDER SEC. 138 OF NEGOTIABLE INSTRUMENTS ACT.
1. ANY CHEQUE ISSUED TOWARDS REPAYMENT OF LEGALY ENFORCEABLE DEBT, IF DEPOSITED BY THE HOLDER OF CHEQUE IN HIS BANK AND IF IT GETS DISHONOURED AND RETURNED BY THE BANK OF ACCUSED , THEN FOLLOWING STEPS MAY BE TAKEN BY THE COMPLAINANT AND ACCUSED.
A) A LEGAL NOTICE OF DISHONOUR OF CHEQUE MENTIONING CHEQUE NO., NAME OF BANK AND DATE OF DEPOSIT AND DATE OF DISHONOUR MUST BE SENT BY THE COMPLAINANT TO THE ACCUSED BY REGISTERED POST /SPEED POST A.D. WITHIN LIMITATION PERIOD UNDER NEGOTIABLE INSTRUMETNS ACT.
B) ON RECEIPT AND SERVICE OF NOTICE THE ACCUSED MAY SETTLE THE DUES AND REPAY THE AMOUNT OF CHEQUE TO THE COMPLAINANT WITHING LIMITATION PERIOD MENTIONED IN THE SAID NOTICE. IF AMOUNT PAID BY ACCUSED THEM MATER ENDS.
C) BUT IF AMOUNT OF CHEQUE IS NOT PAID BY THE ACCUSED , HE HAS TO REPLY TO THE SAID LEGAL NOTICE BY REGD.POST /SPEED POST WITHING LIMITATION PERIOD.
D) IF COMPLAINANT IS SATISFIED AND ADMITS CONTENTS OF NOTICE AND ON DISCUSSION WITH BOTH THEY CAN SETTLE THE MATER.
E) BUT IF COMPLAINANT IS NOT SATISFIED BY REPLY OF ACCUSED , HE HAS TO FILE A CR.CASE UNDER SEC. 138 ADN OTHER PROV. OF N.I.ACT. BEFORE THE COURT HAVING AREA JURISDICTION WHERE THE COMPLAINANT HAS DEPOSITED THE CHEQUE IN HIS BANK OR WHERE THER BANK OF ACCUSED IS SITUATED..THIS IS AS PER LATEST AMMENDMENTS PL.NOTE.
F). THE COMPLAINANT AND ACCUSED CAN CONTEST THE CASE IN THE RELEVENT COURT AND COURT MAY PASS JUDGEMENT ON THE BASIS OF EVIDENCE PLACED ON COURT RECORD.
G) THE COMPLAINANT AND ACCUSED MAY SETTLE THE DISPUTE WITH THE PERMISSION OF COURT BY SUBMITING PROPER APPLICATION BEFORE THE COURT AND COURT MAY ALLOW TO COMPOUND THE SAID CASE BY PASSING JUST AND PROPER ORDER.
H) THE MAXIMUM PUNISHMENT PROVIDED IN THIS CASE IS OF TWO YEARS AND COMPENSATION AND FINE.
I) IF ACCUSED IS ACQUITED THEN COMPLAINANT MAY CHALLENGE THE SAME JUDGEMENT BEFORE COURT OF SESSIONS.BUT IF ACCUSED IS CONVICTED THEN HE HAS TO FURNISH SURETY IMMEDIATELY ON THE DATE OF JUDGEMENT AND ALSO HE SHOULD DEPOSIT THE FINE AMOUNT IN COURT AS PER SAID JUDGEMENT AND ALSO PRAY FOR STAY OF SAID JUDGMENT TILL FILING OF APPEAL AGAINST CONVICTION BEFORE SESSIONS COURT.
J) APPEAL AGAINST CONVICTION SHOULD BE SUBMITED TO THE SESSIONS COURT WITH APPLICATION FOR SUSPENSION OF CONVICTION AND SENTENCE AND APPLICATION FOR STAY. COURT MAY ORDER TO DEPOSIT CERTAIN PERCENTAGE OF COMPENSATION IN COURT AND ON DEPOSITING SAME COURT MAY PASS ORDER OF STAY OF JUDGMENT OF CONVICTION PASSED BY LOWER COURT.ACCUSED SHOULD ALSO APPLY FOR BAIL AND FURNISH SURETY AS PER ORDER OF COURT.
K. AFTER HEARING THE APPEAL SESSIONS COURT MAY PASS JUDGMENT AND MAY EITHER ACQUIT OR CONVICT THE ACCUSED ON THE BASIS OF DOCUMENTS AND EVIDENCE PLACED ON COURT RECORD.
L. THE JUDGEMENT AND ORDER OF SESSIONS COURT MAY BE FURTHER CHALLENGED IN HIGH COURT AND SUPREME COURT PLEASE NOTE.
M. IT MAY FURTHER BE NOTED THAT CR.CASE UNDER SEC. 138 OF N.I. ACT CAN BE FILED IN MAGISTRATE COURT BY PAYING APPROPRIATE COURT FEE AS PER VALUE OF DISPUTED CHEQUE AND POLICE DEPT.CAN NOT TAKE ANY ACTION DIRECTLY UNLESS ORDER OF COURT TO ISSUE OF SUMMONS TO ACCUSED AND IN CASE ACCUSED REMAINS ABSENT INSPITE OF SERVICE OF SUMMONS THEN COURT MAY ISSUE WARRANT AND POLICE MAY ARREST ACCUSED AND POLICE WILL PRODUCE ACCUSED IN COURT. ON COURT DATE.
M.ACCUSED IF ARRESTED BY POLICE , THE ADVOCATE FOR ACCUSED MAY APPLY FOR BAIL IN SAID COURT AND FURNISH SURETY AS PER BAIL ORDER AND COURT MAY ORDER RELEASE OF ACCUSED. .
THIS IS ARTICLE IS JUST FOR INFORMATION OF INNOCENT PERSONS AND YOUNG EMPLOYEES WHO ARE FALSELY INVOLVED IN CRIMINAL CASES BY SOME PERSONS BY GETING FROM THEM BLANK POST DATED CHEQUES JUST TO EXTRACT UNDUE GAIN FROM THEM .BY MISUSE OF SAID BLANK CHEQUES .BY SUBSEQUENTLY WRITING NAME ,DATE ,AND AMOUNT ON SAID CHEQUES WHICH ARE NOT LEGALY ENFORCEABLE.GOOD LUCK..
NANDKUMAR B.SAWANT.M.COM.LL.B.,ADVOCATE HIGH COURT, MUMBAI.
