• Can my dad travel outside India with a FIR filed for bounced cheque

Hi,

My dad intends to travel outside country. He has a FIR filed against him for a bounced check for his Pvt Ltd company. Is there any travel restriction with a FIR open.
Asked 11 months ago in Civil Law from United States
1) Your father is free to travel abroad 

2) merely because case has been filed against him for dishonour of cheque does not imply that he cannot travel abroad 

3) only if court had imposed restrictions on his travel abroad would he need to obtain court permission 

Ajay Sethi
Advocate, Mumbai
27221 Answers
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Has the court imposed any restrained him from leaving the territory of India? Unless the answer to this question is in affirmative he is at liberty to go out of India. Needless to add, he shall continue to remain amenable to the jurisdiction of the court concerned and appear personally before it as and when ordered.
Ashish Davessar
Advocate, Jaipur
19555 Answers
507 Consultations
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Do note that mere registration of a FIR for any commission of a offence is not a legal bar for the accused person to travel abroad.
The restriction occurs only if the court imposes any bar on foreign travel at the time of grant of bail.
Devajyoti Barman
Advocate, Kolkata
6873 Answers
78 Consultations
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1. 1. Unless one is restricted by Court order to travel abroad he can go any where he likes to,

2. In cases where there are possibilities that the accused will run away from the clutches of Indian law, the complainant prays for seizure of passport,

3. In the instant case, your father can travel abroad pending any restrictive order from the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
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yes he can travel outside India even during the pendency of the cheque bounce case. there is no restriction for this unless the complainant gets a restraining order and demands the court to confiscate his passport.
Kiran N. Murthy
Advocate, Bangalore
822 Answers
58 Consultations
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Hello,
1) There is no travel restrictions just because an FIR is filed against some one unless the court has placed any restrictions regarding his travel abroad.

2) Did the company file any case for recovery of money or a case for return of the cheque under Negotiable Instruments Act? It is also pertinent to know why an FIR was filed against him for cheque returned and what charges are brought against him.

3) He is not obligated to intimate the investigating agency about his travel plans as he has not been required in custody nor any warrant pending against him.
S J Mathew
Advocate, Mumbai
1986 Answers
79 Consultations
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Yes. 
An FIR is only an First information report. 
In order to restrain  your father from travelling overseas
1) either there should be a court order restraining him from travelling overseas OR 
2) He should be convicted by the lower  court and the same has been withheld in the high court. 
If none of the above conditions exist, your father is free to travel anywhere in the world.. 
Rajgopalan Sripathi
Advocate, Hyderabad
969 Answers
69 Consultations
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There can be no FIR in a cheque bounce case.  It is a private complaint hence no question of FIR, because FIR is applicable only for police cases prosecuted by state. 
If it is a cheque bounce case under section 138 NI Act and your father intends to travel abroad temporarily, he may make arrangements to travel and back between the two hearings on his own without taking permission from court, or he may have to apply for permission of court to travel abroad though there is no restriction to travel abroad but it being a pending criminal case, permission from court for travelling abroad for a longer duration would always be advisable. 
T Kalaiselvan
Advocate, Vellore
17363 Answers
165 Consultations
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