• Received delay condonation notice from court

Hello everyone,
I took a friendly loan of 4 lakhs from one person,i have gave him amount slowly by online transfer but then he started asking more money as an interest and started harrassing me and in 2018 he somehow took 3 cheques of total 16 lakhs and also took promissory note from me stating in that he have given me total 16 lakh rupees as friendly loan by online transfer and cash.i know i did a big mistake in the pressure by giving him cheque and promissory note.i gave him 2 lakhs more by online transfer within the span of 2 years from 2018 to 2020 and i don't know why he didn't deposited the 2 cheques in his account and bounced it and the third cheque date is in next month april 2021 which is of 6 lakh.But i have received a delay condonation notice from andheri court and the case to be filed under sec 1 negotiabe instrument on me
So here are my quetions

1.) If someone missed to deposit the cheque and that to year ago then is he allowed to file case under negotiable instrument act?if yes what should be my stand and objection in front of the court to demiss the case and not allowed to file.

2)If someone took promissory note from someone by pressure stating that the loan of 12 lakh was given in cash and rest 4 lakh by online transfer then the cash amount will be considered as legal?As i have heard the cash transaction of big money is considered as black money and illegal and not recoverable.

3)his intention is always to put pressure on me and harrass me and i know his next move will be to file a 420 complaint on me of cheating and breach of trust so what can i do to safeguard me from arrest and anticipatory bail should be taken from which jurisdiction court?where he lives or from where i live ?

4)what points should i mention in court while taking anticipatory bail as i have not did any fraud and cheating wth him

5)How much expense does taking anticipatory bail will cost me?
Asked 3 years ago in Criminal Law
Religion: Hindu

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6 Answers

Object to condonation of delay of one year 

 

2) if you have given cheque and promissory note case can be filed against you on dishonour of cheque 

 

3) only after FIR is filed can you apply for anticipatory bail from sessions court where case is filed 

 

4) legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Hello,

  1. No, if the cheque was not presented during its validity period, it cannot be presented and no case shall stay.
  2. If the signature on the promissory note is admitted, you are liable. Regarding the moneybeing black or white depends upon the lender being able to show proof of the money he had with him at the relevant time.
  3. You have to file for anticipatory bail in the Sessions Court where you reside.
  4. You need to state the apprehensions you have as you have raised in this query. Meet a lawyer you want to engage to strategise specific points.
  5. Majority of the charges would be the fee of the lawyer. It varies from lawyer to lawyer as it is a subjective matter.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

  1. From your question it seems that the delay is one year’s. Such long delays are not excused by Court. Verify what are the reasons are given for such unreasonable dely. Oppose the application on merit challenging the reasons as unreasonable and untenable.
  2. It is difficult for him to establish the source of 12 L. First he has to prove that why he did not transfer 12 L online when he has transferred 4 L online.
  3. Filing of cheating case is not easy and usually in such transactions Court grants bail liberally. There is no need to seek anticipatory bail. On the contrary it will be counter productive as Court will think that as there is something fishy you are seeking anticipatory bail.
  4. You will get regular bail. it is not advised to seek anticipatory bail.
  5. You should take steps to safeguard yourself from consequances of misuse of cheque of Rs. 6L due in april.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear Sir/Ma'am,

  1. As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed.
  2. The promissory note is admitted and has your signatures, you are liable. Whether the money being black or white is regardless. It depends upon the lender being able to show proof of the money he had with him at the relevant time.
  3. You can state the case of fraudulent cheating against him in your defence, which may help you in gaining bail. Otherwise, you can also file anticipatory bail on prior hand.
  4. You can mention the points where you repeatedly gave him cheques in order to pay him back. The bank receipts shall be the proof. 
  5. The expenses totally depend upon the fee of the lawyer you hire in your defence.

 

 

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  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. First of all you may have to see that under which provisions of law that the complainant has filed the petition seeking to condone the delay in filing the cheque bounce complaint case, if it is filed under section 5 of the limitation act, then he may not be eligible for getting the delay condoned, you may have to appear before court either in person or through your lawyer and record your objection accordingly.

2. It depends on how you defend your interests during the trial proceedings and this defence is matter of arguments.

3. First of all the main case has not been taken on file hence you need not obtain anticipatory or regular bail at this stage, let the delay condone petition be allowed after which you can think about further course of legal action. 

4. Read the above answer.

5. You contact your lawyer to know about this.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. As per the N.I.Act , before filing a case , sending  a legal notice is mandatory , and thereby the drawer of the cheque must be given 15 days time for settling the amount of cheque. 

- The validity of cheque is only 3 months from the date mentioned on the cheque , otherwise, no case made out .

- If you have received notice from the court , then you can settle the dispute as well. 

2. A police complaint is needed , if someone has taken promissory notice forcibly 

- Further , the complainant will have to prove the amount which was given on loan .

3. If there is already FIR under section 420 IPC , then you should take anticipatory bail from the court . 

4. Engage an advocate 

5. It is not fixed , and depend upon the advocate to whom you engaged. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

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