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Cheque Dishonour, Check Dishonor, Cheque Bounce, Legal Notice, 138 N. I. Act Complaint, Money Recovery Suit, Order 37 CPC Case, Credit Card

Cheque Dishonour

Legal Notice for Cheque Dishonour, Check dishonor
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138 N. I. Act Complaint and Money Recovery Suit
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Credit Card


Cheque Dishonour Case Law



Section 138 N. I. Act Complaint and Money Recovery Suit Page - 3


Q8. What will happen if I avoid or refuse the receiving of the Court Summons regarding complaint for Dishonor (dishonour, bouncing) of Cheque / Check under Section 138 of Negotiable Instrument Act?

A.
    
Court may at its discretion order for the
           reissue of Court Summons regarding the Complaint, or
           issuance of Bailable Warrants of Arrest,
           issuance of Non-Bailable Warrants of Arrest against you.

     Normally the Court order for reissue of Court Summons regarding the Complaint, if the Court does not receives back the “report of avoidance or refusal of Court Summons by you”.

     Normally the Court orders for issuance of Bailable Warrants of Arrest against the accused if the Court receives back the “report of avoidance or refusal of Court Summons by the accused for the first time”.

     Normally the Court orders for issuance of Non-Bailable Warrants of Arrest against the accused if the Court receives back the “report of avoidance or refusal of Court Summons by the accused for the Second time”



Q9. I have received a Court Summons regarding complaint for Dishonor (dishonour, bouncing) of Cheque / Check under Section 138 of Negotiable Instrument Act, what to do?

A.
    
Immediately hire the services of an Advocate.
           Ask one of your relatives or friends to stand Surety for you in the Court.
           Collect the required documents of your Surety and hand over the same to your Advocate for preparation of your Bail-bond and Surety-Bond.
           On the date mentioned in the Summons for Appearance in the Court, go along with your Advocate and Surety and appear before the Court and apply for acceptance of your Bail-bond and Surety-Bond.
     Thereafter, the case would proceed.



Q10. What will happen if I do not appear before the Court on the date mentioned in the Summons regarding complaint for Dishonor (dishonour, bouncing) of Cheque / Check under Section 138 of Negotiable Instrument Act?

A.
    
If the Court receives back the “report of receiving of the Court Summons by you” Court may at its discretion order for the
           (i) issuance of Bailable Warrants of Arrest, or
           (ii) issuance of Non-Bailable Warrants of Arrest against you.

     If the Court does not receive back the “report of receiving of the Court Summons by you” Court may order for the reissue of Court Summons regarding the Complaint to you.



Q11. What will happen if I appear before the Court on the date mentioned in the Summons regarding complaint for Dishonor (dishonour, bouncing) of Cheque / Check under Section 138 of Negotiable Instrument Act, however, I am unable to furnish the Surety or the Surety to the satisfaction of the Court?

A.
    
The Court may order for your arrest and send you in Judicial Custody to Jail. However, the Court may in its discretion grant you another date of hearing in the Court to furnish the Surety or the Surety to the satisfaction of the Court.



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Last Updated: 18 July 2010