Praveen Kumar 11 February 2020

cheque bounce case

Hello sir

As there was cheque bounce case on my name after the clearance also apponent party had filed a case againt and i have received judgement also under sec 138

court order is
The accuesd is sentence to pay a fine amt (___)
in default he shall undergo simple imprisonment for 3 months

now my question is after i undergo with 3 months imprisonment should i pay the cheque bounce amt to the complaint party or case will get Nil.

i need a clarification on this please help me out

Thanks regards
Praveen Kumar

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7 Replies

Adv Deepak Joshi +917017821512 (Advocate) 11 February 2020

share copy of judgement at djaa.legal@gmail.com for better appreciation of case

Real Soul.... (LEGAL) 11 February 2020

no either you pay amount as mentioned in judgment or if you failed to pay the amount you will have to be in jail for 3 months.

Now pay or go to jail for three months choice is yours.

Manjunath 11 February 2020

May I know the amount?

Praveen Kumar 12 February 2020

If i agree to take imprisonment for 3 months,after three months shoulf i run the case fo this amount or it will get nil

Manjunath 12 February 2020

It's a matter of dignity. No need to pay back amount if jailed. But if you allow yourself to get jailed for 3 months, you will be recorded in CCTNS of police which will prove to be obstacle to get passport, job etc in future. But take care if other party has additional cheque, he can get it bounced also and he may try with a skilled lawyer for under Section 138 (maximum 2 years) and IPC 420 (maximum 7 years) (total maximum 9 years) and this time court will rule harshly as you stayed in prison for similar offence.

1 Like

Raam Kumar (Lawyer) 13 February 2020

I agree with Mr.Manjunath but if u are ready undergo imprisonment and if u r clear that it is mentioned in teh judgement that it is either imprisonment or fine then

u need not pay the amount after ubndergoing the imprisonment stated in teh judgement. But a copy of Judgement to be perused shall enable me to give a clear

solution.