• Cheque Bounce

I took money from a person of 5 lakhs to trade in stock markets as i deal in stock markets.I lost the money icluding my own money and now facing very tough time.I am trying hard to return the money as he trusted me.Initially out of trust i issued a cheque and now he filed cheque bounce case and i did not attend last 3 hearings and not taken summons also.Court issued bailable warrant in last hearing and now the next hearing is in 15 days.I am trying hard to make money to meet my own expenses and i will return their money once i am financially ok,But legally i dont have that much time and dont want to go to jail as my parents are dependent on me.Please suggest me how to face this.
Asked 2 years ago in Criminal Law
Religion: Hindu

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7 Answers

You will not go to jail. Appear in Court without waiting for next date and get the  warrant cancelled by filing a petition under Section 70 (2) of Criminal Procedure Code, 1973 through an Advocate. Assure the  complainant you will pay him, but keep contesting the  case by taking time as long as you can. There is lengthy procedure, Court will first examine you, then trial will commence, complainant will examine him as P.W. No. 1 mark his documents, there will be your 313 examination, you can produce you evidence  and witnesses and thereafter arguments will be heard and judgment delivered. It will take not less than 2 years. Mean you can pay the  cheque amount directly in Court whenever you have that amount.  

Ravi Shinde
Advocate, Hyderabad
4476 Answers
42 Consultations

1. Pay him some sizeable amount now and try to settle it out of Court by contacting the person to withdraw his complaint, who had given you the amount, so that you can avoid going to jail.

2.  Convince him to accept his money in instalments from you, as of now, since you are not in a position to clear his loan in one go. And also make it clear to him, that you are earnestly trying hard to return his money as soon as possible. 

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

You have to make application to court for cancellation of bailable warrant 

 

2) court would cancel the warrant on payment of some amount 

 

3) appear in court on each date 

 

4) cheque bouncing cases take years to settle 

 

5) you can make application for compounding of offence when you have funds 

Ajay Sethi
Advocate, Mumbai
97594 Answers
7900 Consultations

Since you want to avoid legal action, it would be better that you appear before court, file an application under section 70(2) of Cr.P.C. seeking to recall the bailable warrant pending against you along with some sureties as may be directed by court.

You contest the case and drag it on as much as possible and in the meantime you can arrange for funds to repay the cheque amount and can get the case dismissed as withdrawn by the complainant once the entire amount is repaid or on a compromise out of court between you and the other party. 

T Kalaiselvan
Advocate, Vellore
87798 Answers
2364 Consultations

Dear client I'm sorry to hear that what in this case you can ask for outside Court settlement in this case full stop if it does not work out you can appear before the court and seek remedy through your legal advisor.

Anik Miu
Advocate, Bangalore
10417 Answers
121 Consultations

- If you are dealing in stock market as a broker , then the investment on stock market cannot make liable to you for the losses. 

- Further, if you have not guaranteed him for a profit in the trading , then the liability to pay the loss amount cannot be proved before the Court. 

- Since, you have issued a cheque for the reimbursement for the said losses , then you can contest the case after appearing before the Court after taking bail from the said court , and which is granted without any conditions. 

- Further, during the trail of the case , you can compromised with the complainant on a reasonable amount and you will also have much time to pay the same . 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

You need to contest the case or settle the same

Prashant Nayak
Advocate, Mumbai
32914 Answers
209 Consultations

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