Legal Question in Criminal Law in

if some one give the check to an other person against the business transaction and prior to loging the fir the issuing party filed an civil suit for specific performane of contract and then the check was dishonord and the FIR against the issuing party then what is the legal valu of the FIR


Asked on 9/23/10, 10:54 am

2 Answers from Attorneys

if the payment on the cheque was based on a contingent contract or a reciprocal one , and the other part has not been performed against which the payment was due then fir on the cheque has no value.

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Answered on 9/23/10, 11:02 am
Salman Khan International Lawyer

The person whose cheque is dishonored can get arrested and he has to face the trial. However if he has fulfilled his obligation towards the contract and person in possession of the cheque has failed to do so then the accused can prove this in the trial court and can get acquittal. Also this civil case may help him in getting bail against this offense. However the civil case can not quash the FIR as when the cheque is dishonored of a person, he becomes an accused in a criminal case and he has to face 3 years punishment if its proved that he has issued a checque dishonestly and if the other person does not compounds him. For more do consult me at [email protected]

Regards,

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Answered on 9/24/10, 3:46 am


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