• Notice under section 41 A CrPC

I gave a check to a person when he was helping me to settle a divorce case. Afterwards I realized that he didn't helped me at all and I asked bank to stop payment. He filed a check bouncing case and case is going on in court. mean while he went to court and filed a complaint due to this court referred complaint PS issued a Notice under section 41 A CrPC stating a case got registered under sections 323,447,420 and 506, r/w 34 IPC and 156(3) Cr.P.C. Please help me out on what should I do
Asked 7 years ago in Criminal Law
Religion: Hindu

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5 Answers

1) what is the cheque amount ?

2) after cheque was dishonoured legal notice must have been issued to you

3) did you reply to legal notice

4)apply for bail and contest cases filed by complainant

5) cheque bouncing cases take 5 years s to be disposed of

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1) you have to cross examine the complainant during trial to establish your innocence

2) in addition in your statement made before court deny that you visited complainant on date and time mentioned

3) burden of proof is upon complainant

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

Since the notice under 41 A has been received by you you should apply for anticipatory bail to preempt your arrest and detention. Once AB is obtained then you can contest the case on merits in the trial court or move the High Court for the quashing of FIR.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You first obtain anticipatory bail and then challenge his case.

If it was necessary to issue him a blank cheque then you can mention the same in the court the circumstances under which he cheque was issued and can very well mention that the cheque was not issued for any consideration that was passed earlier.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

cheque amount is 12 lakhs. I got legal notice and that case is going on as a separate case. now the complainant filed a separate case. I never went to his house. the date he mentioned that the offence occurred I was at my home. how to prove my innocence

All these things are to be taken up during trial proceedings.

You wait and watch about the reasons he states that how you are indebted to him etc.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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