Legal Question in Banking Law in India
cheque Bonce
my father has a estate buisness other than a central job,in a work he & his partner got loss and they had to return da money they take.at one case one cheque has given on which payment coudnt delivered.it happenns during dec 2002 and my father pay all da money to that person on 2003 june but they refused 2 give da cheque and lodged a case at a session court.since den my father was getting bail but last week when da date of hearing of tht case has fixed our lawyer hadnt come and my father get one year impriosment although he got bail at tht time.so now wht can we do as to get da best.as it happens wht court said our family will ruined and den i m goin 2 forgive any1 who is behind dis.i am an engg student and dont want to be a non social man.please suggest soon.
2 Answers from Attorneys
Re: cheque Bonce
I have perused the question carefully. The question raised is in respect of bouncing of a cheque and conviction of one year there after.
The bouncing of a cheque is a offence under section 138 of the Negotiable Instrument Act( hereafter called "Act").But the cheque which has bounced ought to have been issued for discharge of a debt or liability. If the faher of querist, as stated by him, has paid the money back in 2003 than the Court shuold not have convicted him at all. Though tecnically money has to be returned with in the demand period of the notice given under section 138 of the 'Act' but no court would convict under section 138 if the money has actualy been paid , though it has actually been paid after the stipulated notice period.
In my view conviction should not stand, but all these circumstances of payment of money has to be brought on record of the Court. It has further to be bourght on record of the Court that what were the circumstances under which the paymnt was not made with in he demand period. It appears that either all this has not been brought on record of the Court or the absence of lawyer on the date of argument has lead to this. I am of the view that if the matter is handled properly even at the appelate stage the conviction of one year can be set aside. I hope this answers the question. Please let me know if any further clarification is required.
Rajiv Nanda. Advocate.
Re: cheque Bonce
you can appeal before the sessions court within 30 days of the order of conviction . your father is entitled to be released on bail on hearing the appeal if contract for which the check was issued was not legally enforcable the sessions court may accept the appeal and acquit your father .
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