Legal Question in Criminal Law in India

Re: Cheque Bounce

Already replied

Re: Cheque Bounce

Prima facie it appears, that your intention is to haress the person, instead of recovering your dues. Please note that, in recent judgments Hon'ble Apex Court has taken very strick views in matters wherein Criminal Cases are filed only with a view to haress the person, or when remedy is of civil nature, and unnecessary criminal complaints are filed. In such cases Hon'ble Apex Court have come heavily and also imposed heavy cost.

In your case, after civil suit is filed, and after lapse of 2 years, if you file criminal complaint, then it will become apparent that you have filed it only with a view to haress other side. Although if you want, you can certainly file criminal complaint, but also be ready for adverse consequences.

I advise you to better stick with you civil case, and try to expidiate the same. For this you can also make expide application. You can also move application for attachement before judgment, you can also move application for appointment of receiver, wherein you can trouble the person, and put him under strict pressure, to make him succumb to clear your dues.

Feel free to Contact

Re: Cheque Bounce

I would advice you to stick to the civil case as filing a criminal complaint is not the solution.

Re: Cheque Bounce

After a Civil case has been filed, it is very difficult to file or make a Criminal case. It is better you concentrate on Civil suit and the manner in which it is being handled. You can move number of applications including one under Order 12, Rule 6, which provides the provisions for Preliminary decree.

Re: Cheque Bounce

Dishonour of cheque ipso facto does not constitute an offence of cheating. You need to find out from the facts and circumstances of the case about offence of cheating.

Re: Cheque Bounce

I have already given reply.