Legal Question in Criminal Law in India

Account closed cheque bounce

Sir,

I issue a cheque to my finance... after i closed the account also i intimate them about the closing. But unfortunaely they deposit that & it is bounced. Now they demand thrice the amount for settlement or they blackmailing me as complaint in criminal section in police to arrest me. Pls guide me a solution for this case legally.


Asked on 7/04/09, 3:08 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Account closed cheque bounce

If there was "no consideration" for the cheque, you may not be liable. however, it may be better to reach an out court settlement and arrive at an amicable settlement to avoid litigation.

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Answered on 7/04/09, 6:46 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Account closed cheque bounce

normally , police do not interfere in the cheque cases except where the police is being influenced,

the drawee may file a complaint against you under section 138 NI Act.

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Answered on 7/04/09, 11:22 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Account closed cheque bounce

they cannot claim thrice the amount and the notice is supposed be restricted to cheque amount only. at the most they can file a complaint u/s 138 of negotiable instruments act and that is bailable.

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Answered on 7/06/09, 1:35 am
Pranav Desai PD Legal & Associates

Re: Account closed cheque bounce

Send the cheque amount by RPAD informing them that the cheque is issued in lieu of the cheque earlier bounced.

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Answered on 7/07/09, 6:28 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Account closed cheque bounce

After you had repaid entire loan, there is no legal debt or liability against you.

If you have documents disclosing refund and repayment of entire loan, then person financed or advanced you loan can do nothing.

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Answered on 7/04/09, 5:18 am


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