Legal Question in Criminal Law in India

Cheque Dishonour

Dear Sir/Madem,

I have received a cheque of Rs.40,000 in my name from a party. Lateron I dropped in my bank account which is a joint account with my wife. Lateron the cheque dishonoured. I went to my counsellor. He suggest me to send a legal notice. So he send a legal notice on behalf of my wife. After that my councellor realise that my wife's name is not their on the cheque. Again he send another legal notice after a month, this time he send on behalf of me. So, on the basis of second notice case was registered. Lateron after trial honarable court give the sentence and dismissed the case. Shall the case still maintainable on the higher court ?


Asked on 8/22/07, 7:33 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheque Dishonour

no it cannot be maintainable on the higher courts.

plese contact me for futher advice

Read more
Answered on 8/22/07, 7:51 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque Dishonour

You have no case U/s.138 NI Act. However, you can consider filing a civil suit.

Read more
Answered on 8/28/07, 3:29 am
G. M. Gupta gmguptaandassociates

Re: Cheque Dishonour

whether the sentence was given or not??

i dont think that notice should effect your case. if in limitation then u can make appeal.

Read more
Answered on 8/23/07, 2:18 pm


Related Questions & Answers

More Criminal Law questions and answers in India