Legal Question in Criminal Law in India

Cheque Bounce : Credit Card Payment Section 138

SBI filed a case against one of neighbour under section 138 NI Act after his cheque bounced for ''Insufficient Funds'' . This has happened almost two year back. Next day they collected almost the same amount in cash from him(he has a Receipt) .

he is from kolkata and will not be financialy possile for him to go to delhi to attend any hearing. he is ready to pay the cash again for that amount.


Asked on 2/26/08, 8:16 am

3 Answers from Attorneys

Re: Cheque Bounce : Credit Card Payment Section 138

If he has a valid receipt then there is nothing to worry as he has a good case.However,all documents are required to be examined. since case u/s.138 NI Act is a criminal case,hence,his presence in court is necessary but his exemption through advocate can be applied. I am Delhi based and you may contact with details on my mobile no.09873343288.However,professional charges are applicable.

Read more
Answered on 2/27/08, 12:18 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheque Bounce : Credit Card Payment Section 138

Why should he pay the cash when he has already done it. If it is almost paid then contact a local SBI Branch they can sort out your problem.

There will be no legal bar as such to approach to Bank.

Read more
Answered on 2/26/08, 11:34 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque Bounce : Credit Card Payment Section 138

He can appear through his lawyer and submit proof of payment.

He can also initiate action against officials of SBI for malicious prosecution and defamation at Kolkata.

Read more
Answered on 2/27/08, 1:18 am


Related Questions & Answers

More Criminal Law questions and answers in India