Legal Question in Criminal Law in India

Dishonour of cheque

My elder brother is the only proprietor of a small computer shop named 'Digital Care'. He has a CCA account of this shop and there are two personal gurantor to this account. My father is one of the personal gurantor. The Bank hasn't taken any security from my father. My father has separate business of photostate. The problem is that a person has filed a complaint against my father and my elder brother saying that both son and father have purchased two old photostate machine of price 1,06000.00 and at the time of payment both gave 6,000 cash and rest amout(1,00000) paid through two cheques of 50,000 each. The cheque was issued from the 'Digital Care' CCA account. In reality my father hasn't buy any machine from the complainant and haven't any ideas about the dealing between the complainant and the son. My elder brother has left everything and runaway and the court has taken cognizance 406, 417 and 138 NI Act against my father and holding him as an accused with my elder brother. The court has sent my father to the jail. I have already filed the bail petition of my father to the CJM amd DJ, but both rejected my father's bail saying that there is direct allegation in the cognizance and the money hasn't been returned yet.plz suggest me


Asked on 6/18/07, 2:41 pm

4 Answers from Attorneys

Re: Dishonour of cheque

The alleged transaction is of civil nature and does not call for any criminal liability.It seems that a case u/s.138 NI ACT read with section 406/417 IPC was filed in court.The necessary particulars are missing in your contents.You father can go to high court for bail and anticipatory bail can also be filed for your brother.send details for any further opinion/advise.For any other query/assistance you may cal on my mobile.

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Answered on 6/18/07, 10:14 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Dishonour of cheque

In case, Magistrate and Sessions Court have rejected his bail applications, approach the High Court. You also need to assess the case of the complainant without adding your version to it. In case, there are vitial missing link in the story of the complainant, you may consider applying for discharge or quashing of proceedings. Please note, if the story of the complainant is in fact false, then you will surely find several vital missing links in it.

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Answered on 6/18/07, 11:46 pm
Vivek Mapara Mapara Law Firm

Re: Dishonour of cheque

It is surprising to note that both bail applications have been rejected. Your father is merely a guarantor in CCA, and if at all any fraud is committed through the account, then only your brother is supposed to be no. 1 accused and not your father, and atleast even if any role is attributed to your father, then also it would be secondary, and entitled to bail.

You now only have remedy to file for bail application in High Court agaisnt the order of CJM and DJ, also go for quashing of complaint u/s 482 of CRPC, atlest take the chance.

Feel free to contact, in case of any other difficulty or query.

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Answered on 6/19/07, 5:24 am
G. M. Gupta gmguptaandassociates

Re: Dishonour of cheque

sometimes there is different story of the case what is told by the client and that seems to be there in this case also. though i have adviced u ealier also.... anyway

there seems to be some more things then u have told as bail should not have been rejected or there must be some other circumstances, which requires study of papers.

you can move to sessions court and then to high court against the rejection of bail and if you have valid grounds then u will get the bail.

in this case its difficult to advice on the case without going through the documents.

FOR FURTHER AND DETAILED ADVICE PLEASE CONTACT WITH DOCUMENTS (IF ANY). CONSULTATION CHARGES WILL APPLY

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Answered on 6/20/07, 9:32 am


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