• Cheque bounce

My several cheques have bounced and we have sent notices but drawer is absconding. What is the next step? What should be the expected fee for advocate to file suit?
Asked 1 year ago in Criminal Law from Oman
Religion: Muslim
Hi
 You will have to file a complaint under 138 of NI act within the time limitation.
Try to find  out the possible address where a notice from court can be send if he is absconding  a warrant has to be get issued against him once the summons returned.
Did he receive the notice or  it returned?
The advocate fee is depending on the lawyer who takes up the case as itis different from lawyer to lawyer
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
With the proof of the legal  notices sent to the accused, you may file  cheque bounce cases against him  in the  jurisdictional court  of law  for proper legal action against  him/her.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. If the notice is served then file the case u/s 138 NI Act.
2, if he remains absent court would issue W/A and then would proceed ex parte and pass the judgment.
3. Then his property would be attached.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. You can now proceed to file the case of cheque bounce in the court. The court can order the police to arrest the drawer and produce him in the court.

2. There is no fixed criteria respecting the fee of the lawyer. Lawyers are free to charge the fee they desire.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
1. Publish the notice in two local Newspapers one being in Vernacular and other in English,

2. Fees of Advocates vary from place to place and Advocate to Advocates.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
yES, IN 138 case the court will issue W/A if he remains absent.
Ask the service of notice through the office of commissioner/SP.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
You have to file a cheque bounce case in the criminal court of law based on the registered legal notices sent and returned undelivered.  The court after taking the case on file, shall issue notice to the accused and not a warrant straightaway. No question of paper publication in criminal cases. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. The court will issue a warrant against him if he does not appear before it. You cannot make a publishment in a newspaper except without the orders of the court.

2. Police has no role to play in a case of cheque bounce as it is a private dispute. It will come into picture only if there is a binding order passed by the court.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
if drawer not responding your notice within 30 days then after the 15th day from the last date of notice you may file complaint before first class magistrate. no need to give public notice. notice to his residential address is enough. 
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
police can't file FIR in the cheque bounce case. police has no right to lodge FIR and initiate investigation. it is purely complaint case which shall be initiated by the holder of the cheque after arising of cause of action
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
court has no right to pass order for investigation..... it is complaint case and complainant shall record his statement and present all the relevant document like receipt of bank, notice given to drawer, and liability of drawer for which cheque was signed.
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
1. Yes. Court will issue Summons to him once you file the case u/s138 of N.I.Act,

2. Publishing the Summons/Notice in Newspaper is a  legal formality after compliance of which the service of notice/summons is treated as good service,

3. After making good service of he Notice/Summons, you can proceed to the next stage of the legalproceeding,

4. Police is  bound to act on being directed by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0