Legal Question in Business Law in India
cheque bouncing
i have received a NOTICE FOR A CHEQUE WHICH HAS BOUNCED FROM THE COURT.iF I DEPOSIT THE AMOUNT DIRECTLY IN THE BANK ACCOUNT OF THE DRAWEE WHAT HAPPENS
4 Answers from Attorneys
Re: cheque bouncing
First part of your question is not clear. I presueme that you have received notice from Drawee.
You can pay the amount as given in the notice within 15 days of receipt of the notice, if you do so, the section 138 does not apply.
Re: cheque bouncing
Sir,
Kindly make it clear, as to whether, complaint has already been filed in court u/s 138, or is it a preliminary notice to pay the cheque amount. The reason is that, without first serving you demand notice complaint cannot be filed, so there would be no chance of court issuing you notice. and if the court has issued notice then kindly make it clear that whether you have receied any prior notice from the drawee or not.
Moreover you can always compound the offence by making settlement with the complainant and pay him full amount. but dont make payment to the bank, without notifying or intimating the drawee of your intention to do so.
You can revert back with clear picture of the case, and for accurate legal remeady
Re: cheque bouncing
By depositing money, the offence is not compounded. Kindly contact the Complainant, and obtain a receipt for the payment. Also take him to court, and have him withdraw the case. Else, you will have a headache on your hands.
My sincere suggestion is kindly contact a good lawyer in your city, and work this out. Many of my clients have burnt their hands. The Complainant takes the money and keeps the prosecution on, since he wants interest and other amounts as well. Never play with the system you do not understand.
I hope I have answered your question.
Re: cheque bouncing
i have already replied
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