Cheque bounce case

4 years ago

Hi, I am kumar here, there was a cheque bounce case on me, I have been served with NBW, later I went and surrender in front of Megistrate and I have been sanctioned a bail, later my case was on trail, after one year both petitioner and my self compromiseed and I agreed to pay
3.5 lakhs outside court , till now I have paid 2.5 lakhs and there is balance of 1 lakh to clear, I have failed twice to pay banlce 1.lakh, now my lawyer also supported my petitioner and telling me that again NBW has been issued for not keeping the commitment , since my lawyer also not supporting me in getting extra time to repay. My question is that after paying 75% of the agreed amount to my petitioner, is there any chance to issue NBW again??

Previous Question

Next Question

Parmeshwar Digambarrao Pawar

Responded 4 years ago

A.Dear client first off a I would like to clear one thing that the NBW is issued only to secure your presence, not for repaying money. NBW issued only when you are absent for the court date or your advocate failed to apply for your presence exemption for that date. As you have already paid 75% of cheque amount, then you can directly asked Hon'ble court to grant some more time to repay the amount, the cheque bounce case is compoundable therefore it will be settled.

Helpful

Suneel Moudgil

Responded 4 years ago

A.1. since the settlement has been done outside the Court and if you are not appearing in the Court, YES, the Court can issue NBW against you,
2. you are advised to clear the dues, at any cost, to avoid any legal complications,

Helpful

Kishan Dutt Kalaskar

Responded 4 years ago

View All Answers

A.Dear Sir,
You ought to have not compromised.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.

Helpful

Chitra Sundar

Responded 4 years ago

A.Dear Sir,

Once the time mentioned in the compromise lapses, it is upto the complainant to agree for time extension or proceed with trial. You have only paid 75% and the time also has lapsed. It is better that you appear before the court personally and inform them of any difficulty you have in paying the money. Also tell your lawyer to appear regularly and inform the court of any difficulty that you are having. Otherwise, the complainant is entitled to press for NBW against you.

Helpful

Anand Dhanuka

Responded 4 years ago

A.From the details it is not clear whether the compromise entered between you and your creditor has been filed in the Court. Assuming it has been filed, then on each and every date your Advocate might have been taking the steps in the case. If the steps on behalf of you have not been taken in the Case before the Court on the date fixed then only NBW would be issued against you. Please enquire with your Advocate.

Helpful

Rameshwar Dadhe

Responded 4 years ago

A.You will need to change lawyer

Helpful

Read Related Answers

Cheque bounce

Dear Client, When a person issues a post-dated cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the sa...

Misuse of security cheque

Cheque bounce - investment expert

Dear Client, Incidentally, cryptocurrency/asset trading is neither illegal nor regulated by any specific legislation yet in India. The National Cyber Crime Reporting Portal(NCCRP) is an initiative of...

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...

Read Blogs on Cheque Bounce

A Step-by-Step Guide on Taking Legal Action for Cheque Bounce

Section 138 Demystified : Key Facts Every Business Owner Should Know

Stay Ahead of Payment Defaults: Utilizing Section 138 to Ensure Timely Payments

Procedure to track Court Cases online - CNR number – QR code

Cheque Bounce Case Rules - Trace the Technicality

Cheque Bounce Lawyers

Kolkata

Bangalore

Allahabad

Nagpur

Vadodara

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.