Signed cheque lost
6 months ago
I have lost a signed cheque with amount filled. I have filled FIR online for the same. Two years later , someone presented that cheque in bank and the cheque bounced with insufficient balance. Now I received summon from court for execution of warrant against me against some judgement. What to do now?
A.Dear Client,
In a case registered under section 138 of the Negotiable Instrument Act (cheque-bounce cases), an aggrieved party cannot maintain a petition under section 482 of Cr.PC before the High Court. When a trial court passes orders exercising power under section .255 of CrPC, the aggrieved person is required to file an appeal under section 374(2) of CrPC before the sessions judge i.e., the first appellate court which is required to re-appreciate evidence on record and pass the final judgment. Thereafter, the aggrieved party can approach the High Court under Section 397 of CrPC, if there's any concurrent finding of both courts. So, upon receipt of a summon from the Court, you should get in touch with an Advocate and discuss the matter in detail along with the proof of online FIR made against the missing cheque and summon you received from the Court to enable him to take appropriate steps in the matter.
In a case registered under section 138 of the Negotiable Instrument Act (cheque-bounce cases), an aggrieved party cannot maintain a petition under section 482 of Cr.PC before the High Court. When a trial court passes orders exercising power under section .255 of CrPC, the aggrieved person is required to file an appeal under section 374(2) of CrPC before the sessions judge i.e., the first appellate court which is required to re-appreciate evidence on record and pass the final judgment. Thereafter, the aggrieved party can approach the High Court under Section 397 of CrPC, if there's any concurrent finding of both courts. So, upon receipt of a summon from the Court, you should get in touch with an Advocate and discuss the matter in detail along with the proof of online FIR made against the missing cheque and summon you received from the Court to enable him to take appropriate steps in the matter.
Helpful
Helpful
Share
A.Dear Client,
Collect all relevant documents and evidence related to the lost cheque, including the FIR filed, and any communication you might have had with the bank. Work with your lawyer to build a strong legal defense. If you are not liable for the cheque's dishonor, your lawyer can present evidence and arguments to support your case. Attend all court hearings as required and follow your lawyer's advice regarding your legal strategy and actions.
Collect all relevant documents and evidence related to the lost cheque, including the FIR filed, and any communication you might have had with the bank. Work with your lawyer to build a strong legal defense. If you are not liable for the cheque's dishonor, your lawyer can present evidence and arguments to support your case. Attend all court hearings as required and follow your lawyer's advice regarding your legal strategy and actions.
Helpful
Helpful
Share
A.Dear Sir,
You have to appear before the Court and see that it is quashed by approaching High Court. On the basis of online complaint which you have lodged. Judgment cannot be passed against you without your appearance before the Court atleast once before the Court.
You have to appear before the Court and see that it is quashed by approaching High Court. On the basis of online complaint which you have lodged. Judgment cannot be passed against you without your appearance before the Court atleast once before the Court.
Helpful
Helpful
Share
Read Related Answers
Fake cheque bounce case
Dear Client,
To address a false complaint or false criminal proceedings filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal...
FD as a security for bail
Dear Client,
Generally, FD can considered as a legitimate form of security for bail in cheque bounce case. However, in most of the cases it involves specific procedural requisites, wherein, the bank c...
Cheque bounce due to stop payment.
Dear Sir,
You just file cheque bounce case against him and then let him contest the case and prove his defence which is very hard.
Cheque bounce
Dear Client,
According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the ag...
Cheque bounce case
Dear Client,
a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years af...
Read Blogs on Cheque Bounce
Cheque Bounce Lawyers
Find Lawyers by Location
