Can I travel out of India on a cheque bounce case NI Act
My banks have filled a cheque bounce case against me and the matter is pending in the court. While the proceedings are taking place can I travel outside of India on a long term basis?
My job has been transferred to my company's counterpart office in Europe and hence I have to relocate on a very short notice. What would be the consequences of I have to relocate? I don't have a choice in my internal transfer.
Asked 12 months ago in Criminal Law from Delhi, Delhi
Unless the bank is a beneficiary of the cheque it could not have filed the case. Be that as it may, unless there is an order passed by the court directing you to not leave India you are free to go abroad. Needless to add, you will continue to remain amenable to the Indian courts even if you relocate. On your failure to turn up in the Indian court on the hearing a warrant to arrest will be issued against you. You have to take bail and then secure your presence before the court. It is a criminal case, so take it seriously.
1. You can travel anywhere including foreign countries unless there is an order from he court restraining your such visit,
2. You will certainly get summons at your foreign office for which you shall have to attend the hearings and give evidence,
3. The Bank may seek direction to impound your passport and if so ordered, you will not be able to travel abroad till the order is vacated of matter is settled,
4. Try to amicably settle the matter with the Bank in your own interest.
No doubt you can travel abroad if there is no restriction by any court of law.
But in the present criminal case against you, it may be an offence if you do not attend the court continuously for long period.
The court may issue NBW for your absence.
You can travel abroad on a short trip, but cannot relocate there during pendency of criminal case against you, dont run a risk.
Instead you can file a petition under section 205 cr.p.c. for dispensing with your personal appearance before court on regular hearing dates.
1) make an application for exemption from personal appearance under section 205 of Cr PC until further orders
2) if court grants exemption your personal
Presence would not be necessary till further orders
3) if court rejects your application you have to appear or bailable warrant would be issued against you
4) reach settlement with bank and pay the cheque amount . Make application for compounding before the court