• Cheque bounce case under sct138

We had given a security cheque to one of the company during business registration with them. During the business transection they had forcefully sent us a big Quantity of material without purchase order And when we refuse to receive they requested us and told to keep material. After that we got trouble inthe business and wasn’t able to pay them on time. So they start miss using our blank cheques. When we came into notice then we informed them not to misuse the cheque. But after few months they again miss used the cheque and when the cheque was returned due to stop payment instructions they put a case on us under 138. In fast tarck court of Hyderabad. After that court convicted us on this matter with gave Punishment of 3 month prison and pay cheque amount to the company. We don’t know what to do now. Looking for some advise on this matter.
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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14 Answers

Sir you have to appeal before the Sessions Court at Hyderabad under section 374 (3) Crpc.

374. Appeals from convictions.

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years 2 has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.

(3) Save as otherwise provided in sub- section (2), any person,-

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or

(b) sentenced under section 325, or

(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You cannot file any appeal before High Court of Gujarat and the appeal has to be filed in sessions court not at high court Hyderabad.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, you can appeal against the conviction in the same sessions court ..the order has been passed by the magistrate first class , and a appeal can be filed in the session judge court ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

since goods have been received by you payment has to be made by you

2) since you have given blank cheque you have authorised company to fill in the details

3) complaint under section 138 NI is maintainable

4) file an appeal and make application for compounding of case

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

appeal against trial court order has to be made to sessions court in gujrat

2) it cannot be filed in Hyderabad

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

You have to challenge the same before Sessions Court of Hyderabad and not High Court. First appeal lies for conviction to only Sessions Court. Nothing to worry it was without consideration. As on the date of issuance of cheque you had not received any consideration. Such prior cheque cannot be used for future transactions. Be assured you will clear acquittal.

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Can a cheque issued in security attract offence under Section 138 N.I. Act?

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With respect to the dishonour of cheques given as security, legal position is not very clear. It is subject to presumption and proof thereof that may be given by either party in support of their case. High Court of Delhi in the case of M/s Datt Enterprises ltd. vs. V.K.Dua held that the security cheque does not attract the provisions of Section 138 N.I. Act., if cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You need to find out the marital for your appeal in the High court to get relief from the payment. The oral submissions do not give you any benefits.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If the cheque issued by you were not against an existing and legally enforceable debt, this 138 NI Act case against you was not maintainable against you.

You may appeal if you are aggrieved with your conviction ordered by the trial court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

File a bail application and file an appeal to the SC.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

In Hayderabad itself as it is the well preserved law to appeal against any order to the higher authority in the same jurisdiction.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi,

You may go for revision in High court at Hyderabad itself and pray for reversing the judgment.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You may prefer an appeal and challenge the verdict of the lower court provided you have merits in your case.

The security cheque is also a cheque that can be used for realising the due amount by the holder of the cheque from the person with whom there is a due to be received.

You can prefer an appeal after filing a bail application

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Wether we can go for appel in gujarat high court or not ? Or we have to appel in Hyderabad high court only ?

You may have to prefer an appeal before the high court of Telangana

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You need to approach the appellate court and appeal against conviction. If there is a fine amount imposed in the sentence more than 200 rupees then it will be appellable. Other wise you need to file revision in session court.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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