Legal Question in Criminal Law in India

Cheque Dishonour

Iam running a bussiness in FMCG Products as a stockist.I have supplied the goods to a retailer against the security of cheque issued in favour of my firm. The party refused to make the due payments hence I produced the cheque for collection but was eventually dishonoured on reason of ''Insufficient Funds'' I eventually filed case under sec.138. Eventually bailable warrant was issued against him. He produced himself before the court and bail was granted to him. But subsequently he did not appear before the court on many dates and court issued Non-bailable warrant against him. My question is to know what possible action can be taken against the person who has given the surety while granting of bail?


Asked on 5/22/07, 10:56 am

6 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque Dishonour

The amount of surety will be forfeitted by court in such cases. You can also pray for awarding of costs.

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Answered on 5/24/07, 8:07 am

Re: Cheque Dishonour

you can file application for initiating proceeding for attachment of his properties.

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Answered on 5/22/07, 12:24 pm
G. M. Gupta gmguptaandassociates

Re: Cheque Dishonour

the bail amount will be impounded/forfeited.

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Answered on 5/22/07, 2:09 pm
Lawbird in Delhi Taneja Law Office

Re: Cheque Dishonour

Besides the action in line with the advice by other professionals, you have the option of initiating civil proceedings to recover your money.

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Answered on 5/22/07, 9:31 pm
mrugank patnaik msnp

Re: Cheque Dishonour

surety can be forfited.surety amount can be recoverd,or sending to jail.

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Answered on 5/22/07, 11:29 pm
Sachin Sangare Private Practise

Re: Cheque Dishonour

You cant take criminal action agst the Surety .The thing you can do is that you can apply to the Magistrate for Forfeature of Bail amount.

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Answered on 5/22/07, 11:57 pm


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