Legal Question in Criminal Law in India

cheque bounce

a party issued cheque and it gets bounced.

is it non bailable offence from party. what procedures to follow to get money back fast. in case of complaints- can it be registered at cheque receiver's place or anywhere in india ( in case someone else placed at third location want to fight the case).


Asked on 4/17/09, 1:06 am

4 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: cheque bounce

The cause of action arises at many places like the bank which issues the cheque bounce intimation, place from where your lawyers sent notice, ect. Please consult a local lawyer for a suitable place.

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Answered on 4/18/09, 1:48 am
Shrichand Nahar S.V.Nahar, Advocate

Re: cheque bounce

Offence of dishonour of cheque is a bailable offence. Mere dishonour of cheque is not an offence. It becomes an offence upon service of demand notice on drawer calling upon to pay the amount of cheque and failure of drawer to make payment within prescribed period.

Jurisdiction depends on the facts and circumstances of the case. Generally, complaint with the court within whose jurisdiction complainant reside is maintainable.

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Answered on 4/17/09, 1:16 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: cheque bounce

Hello

Good Afternoon!

Contact a local lawyer and initiate proceedings u/s 138 of the NI Act.

In case of need please contact personally alongwith the details of the case.

OR

Please mail me if any further query.

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Answered on 4/17/09, 2:36 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cheque bounce

I agree with the above opinion.

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Answered on 4/17/09, 11:17 am


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