Drawer of dishonored chq want las 1 months time

Once the drawer files the case, the summon is not going to come to you  in a day, by the time you are required to appear before the court, it will be one month. Reply to the legal notice clearly stating your honorable intentions that you will pay within one month. Pay it and if you are still summoned before the court inform the court about the facts and no dues. In all likelyhood court will not frame charges. If it still does it will get quashed under S.482 by high court as it will be pure misuse of process of law.

There are case laws when if the drawer pays before summon date, the case will not proceed.

Ideally courts are required to proceed on cause of action that is failure to pay within 15 days of notice. But cheque bounce cases have become bl**dy nuisance even to courts, so in your case if you pay before the summon date, court will not get into technicality and will quash the complaint as no purpose is going to get served. The complainant, unless he is a nut, will also loose steam.

file the case....even if summon is issued and he prays for bail later....the case can be withdrawn...what if you give him time and he doesnt pay.....so its better to be safe...

dear member

but the holder of the cheque will have to wait for atleast 15 days from the date of notice for you to reply. and rightly mentioned, the court is not going to take cognisance of the complaint then and there. it will take a minimum of a month to issue process to you.

before that time, pl make the full payment and send it by RP AD. the complaint may not be maintainable.

thanks

yours

v.lakshminarayanan

palani