Legal Question in Criminal Law in India

I have issued a cheque, it got bounced. The party whom i have issued is giving me threatening calls and use abusive language. The cheque amount was Rs. 1,45,000 /-. He never send me any written / fax / registered post notice till date. The cheque got bounced 3 months back.

After his phone call i told him I will transfer the funds on periodic / installment basis; which I did. I transfered Rs. 2000 /- through online bank transfer (which itself is a secure transfer). I had a intention to return back his money and I will be able to give his whole money by 1st week of march, 2010.

- I work in Gurgaon and stays there only. My local residence is Meerut. My family consists of me and my mother who is quite old.

- The person who is threatening me is from New Delhi and work in Gurgaon.

He give me treats, that he will give money to Police and get me behind bars and get me beaten by local police. Please help me what should i do.


Asked on 1/22/10, 12:06 pm

1 Answer from Attorneys
Tapan Kumar Jha

Cheque bouncing is a criminal offence u/s 138 of NI Act but straight way, the holder cannot incriminate the drawer. There are certain mandatory procedure like, with a period of 1 month from the date of bounce, he must have to give you a legal notice through advocate demanding payment of bounced amount within 15 days of the receipt of the notice. If you make payment upon receipt of the notice, no case stands. Else, he may file a criminal complaint against you. Even when you receive the summons of the case and appear in the Court on date of hearing no police action will be involved. But once you defaulted in appearing before the Court a Bailable Warrant will be issued against you and then comes the role of the Police.

So, you need not to worry regarding Police.

Moreover, any sort of threatening by him is itself a crime for which you may inform the Police at first.

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Answered on 1/22/10, 10:02 pm


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