Legal Question in Criminal Law in India

Re: Return of cheque

Hello.

Were there any charges left for payments.

Presuming you have settled all the dues then in this case you may approach to the bank authorities or else send a notice via lawyer and file a complaint in consumer forum.

Re: Return of cheque

If you had paid the amount against the cheque, the fresh complaint or case on the same cheque is not even maintainable. Your remedy is multifold. In the same court, you may file a complaint against the bank for perjury and leading false evidence in bringing a false complaint. Secondly, you may file for compensation in the consumer court or may file a civil suit for damages in the civil court. In the alternation you may ask the bank directly or through their lawyer in new complaint to withdraw the later case.

Re: Return of cheque

You did not mention the date of filing of court case as also its nature i.e. civil or criminal.

If it is a criminal case U/s.138 NI, then one need to know dates correctly.

Re: Return of cheque

No, Sunayna, they could NOT file a second case against you after receipt of money for the cheque amount.

You may either write to the bank authorities at higher level and they may withdraw the case; or you may approach the counsumer court for damages against the Bank.

Re: Return of cheque

you can defend the case and get it dismiss by bringing above facts to the notice of the court.