Legal Question in Criminal Law in India
Dishourned cheque
Dear Sir,
My father has given post dated cheques against share certificates to his partner. Now my father has sent him notice to collect the shares and give back the certificates. But the person does not collected the notice intentionally. Now the person(partner) has deposited the cheques and were bounced. We are ready to the settlement but he is demanding more including lawyer fees. Please tell are we punishable under this and to what extent.
5 Answers from Attorneys
Re: Dishourned cheque
If the Notice period is yet not expired, you can send him amount of cheque by Demand Draft.
However, on expiry of notice period of 15 days, offence U/s.138 NI is complete and payment of amount of cheque thereafter is of no consequence vis-a-vis the offence.
Re: Dishourned cheque
It is always better to settle the dispute amicably as you can be punished with 2 yrs imprisonment and/or fine which may extend to double the chq amount if proved guilty u/s 138 NI Act.
Re: Dishourned cheque
Hello.
Presuming that the notice period is not yet expired then you should pay the amount by a D.D.
If you fail to do so after the notice period you are charged under S. 138 of the NI Act and the consequances will be according to the law.
Re: Dishourned cheque
if the notice was sent by your earlier that you take back your shares and return the cheque, in that situation, u would not be held liable. u need to prove your case strongly.
Re: Dishourned cheque
It may still be better to settle the dispute. The litigation will be costly and time consuming and not worth the inconveneince you may have to suffer. If you can afford to follow their terms, making payment of a little extra money may save you lot of headache in the long run. Therefore, think of going to the court ONLY as a last resort.
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