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