• Cheque bounce case

I took a loan on my old car from credit cooperative society. I paid few emi's to them but after few months due to my bad financial condition I failed to pay further. They used my security cheque and presented in bank that got bounce. Now the 1 Sr hearing is on 31st Oct for which i have to appear. I want to know what can happen in first hearing.
Asked 4 years ago in Civil Law

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20 Answers

You should appear in court and apply for bail

2) court would release you on bail on certain terms and conditions

3) you have to contest the case

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

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir you have to appear before the concerned court And seek time.formyour reply further the court shall ask you if you want to compound the offence or go with trial if you then you have to file reply then the evidence stage will start.

Further there will be no arrest.if you appear before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No you don't need to apply for bail you just need to appear before court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, firstly they have to follow up the procedure as per section 138 of negotiable instrument Act, they have to send legal notice to you calling upon to pay the due amount? Whether they have done that? And already if they have filed a case you got warrant then you appear through your counsel on the concerned date and apply for bail under section 436 of crpc I can assure you that 100% you will get bail nothing to worry about it and you can proceed the matter...!

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

You can apply for bail on first day of hearing .

2) you would be released on bail and not arrested

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

You will have to apply for bail and court will ask you that whether you want to pay or want to contest the case.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No there will be no arrest.

Do not worry.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You'll not get arrested. Sec. 138 is bailable.

Appear on the assigned date through an Advocate.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

It is purely a bailable offence and you will be given bail without any much trouble. If you establish that as on the date of issuance of cheque you have not received any consideration and on that you were not liable to pay any amount and you will be definitely acquitted.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You need to apply for bail under section 436 Crpc and give a surety for your appearance on first hearing date. You will not be arrested better to get a local lawyer appointed to represent your case and try to settle the matter. It is bailable offence so you won't be arrested. If you fail to appear on first hearing court will issue nbw against you.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hi, it is a bailabe offence so there is no fear of arrest .. You can appear on the first hearing and take bail .. It is advisable to hire a local laywer to assist you over the same

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. On the first date of your appearance you will have to apply for bail which would be allowed as a routine manner.

2. Then you can propose to clear the mount for which the case was filed.

3. if not then you can contest the case on merit.

4. if you appear in the case in time and get bail there is no question of your arrest.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.

you can get arrested for a cheque bounce in India. As it is an offence under section 138 Negotiable Instruments Act,1881. However if you dont respond to summons, then a NBW must be issued and you will be arrested and produced to court where nbw will be recalled upon payment of a fine.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) Arrest is not possible they will ask you to pay the amount.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

No body is going to arrest you on first date but the complainant will appear and court will record his statement but you should keep watch on the proceedings because this is serious.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You will not be arrested at this moment but could be asked to provide the way how you want to pay the outstanding amount along with the interest and compensation.

You need to borrow some time for from the court in this regard to file your reply

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

No arrest, bail on same day, hire local lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can engage the services of an advocate who will take care of case.

You just go stand before court, the court will inform next date of hearing for framing of charges after giving you the copies of the complaint and documents.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

What r the chances of getting arrested. And pls lete know if I have to apply for bail in advance

No chance of arrest, you may obtain bail by filing an application for the same on the same date, you will get bail which will be valid till the disposal of the case.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Contact a local lawyer. Get bail because it is a bailable offence. If possible take along with you one surety having some security such as RC, etc. Your and his ID card in original along with a copy of both each. Ask the facts to your lawyer and he would advise you accordingly. Two passport size photo. Since it is a bailable offence you would get bail or in case you could not arrange surely for tomorrow, take a date from the court and produce the surety on the next date of hearing.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

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