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Section 138
Answers
No. A Magistrate can take cognizance of an offence of dishounour of Cheques under Section 138 of the NI Act only on a Complaint from the holder in due course (in this case the person in whose favour the cheque was drawn). Hence, there is no question of any police investigation. Further, the offence is non-cognizable so the police cannot arrest without a warrant.
Suppose, the vendor files a complaint before the jurisdictional magistrate, the only circumstance in which you could be arrested before a conviction (if at all), is if you do not appear before the Magistrate pursuant to a Summons and subsequently do not take bail or appear before the Magistate, after a Bailable Warrant has been issued. To put it simply, just ensure that you are present or represented on the date on which you might be required to appear as per the Summons.
Furthermore, I must also mention, since you said that the cheque was dishnoured in Mar '20, for a complaint of alleged offence of dishonour of cheque to be maintainable, the holder of the cheque is required to issue a notice to the drawer (i.e., to you) within thirty days from the date on which the bank informed him of the dishonour, giving the drawer (i.e., you) fifteen days to make payment. If payment is not made within the said fifteen days, a complaint is to be filed within one month (unless the person can show sufficient cause for the delay). Going by the Month of dishonour you have given, it seems like the time-period to take action under Section 138 of the NI Act has expired. Further, you have not adverted to whether a Notice was issued to you to make payment within fifteen days.
is-cheque-bounce-non-bailable-offence-52238
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who are the people who can be my surety for an anticipatory bail?
IT CASE
498(A),323,504,506,355,other law 3,4
Rented flat owner's representative not returning money
A flase FIR has been registered against me for a minor scuffle & chapter case
Can wife reopen 498a or dv act or can file new after first motion of divorce
Received notice (Sect. 138 (b)) on my father's name who passed away 2.5 years ba
Sc St Atrocities, 494, 495 498 case
Sc St atrocities, 494,495,498A
Sc St atrocities, 494,495,498A
My husband was arrested last night
मृतक के पति और कुछ गवाहों द्वारा बयान दिया गया है की उसकी पत्नी ने मरते वक्त चिं
my GF kept rape case u/s 376 IPC
Delhi
education loan issue
Withdrawal from criminal case
illegal withdrawal from demise person joint account
FIR not registered after 11 months of complaint
Sir/ma'am my name is Yamin. I am from Rampur U.P. I am in trouble. Plz help me.
Forgery signature done to sale a property
DELHI
in138NIACT can apply bail since2019 not attend court,current status summon await
Received summon from court for non payment of loan
Can her husband take legal action against me
Original caste certificate but belong to general category.. what will happen to
My girlfriend relative is black mailing her
West Bengal
can retired goverment employee given chargesheet
I travelled domestic flight with my another name in aadhaar
Maharashtra
Maharashtra
Regarding road passing through land
My cheif and examinatio Iam the one of the witness I want to file recall petion
Cheque bounce case related
Traffic Challan Advocate in Cuttack, Odisha. Transport Lawyer Odisha High Court
wrong address given by de facto complanint.
Sir I was having a girl friend and we were in physical relat from last 1.5 year
Andhra Pradesh
Stolen motorcycle recovered after final report submission
My lawyer didnt guide me properly and he didnt proceed my case also.
Iam a passenger in a car which is accidented and two wheeler driver which is hit
Will getting divorce automatically weakens DVC and 498A cases
Specific edible oil necessary to be mentioned on food packaging? Rigors if not?
Delhi
Karnataka
Night curfew violation legal advice
Relationship advice
pre poning of date of hearing in criminal matter is allowed or not
Fake report notice issued 107 116 crpc
Getting blackmailed from so called police and escort agency
False case kiya gaya h
Marriage issues
Cheque bounce case
After Discharged from Police Constable Training.. should we have any chances to
Complaint against on girl how kept 376 one me
how to get hon. court order to not to file FIR on me intentionally by accused
Settlement for NCR
Andhrapradesh
madhya pradesh
Dowry abuse and Domestic voilence
Uttar Pradesh
KEPT FACK CASE ON ME AND MY FAMILY SPOILED MY LIFE
West Bengal
medical negligence with surgery .
can audio recording as a proof
Cyber crime related
Criminal case
I need lawyer in mumbai
Crpc 1973,section 197 protection to govt. servants
Reserved judgement now over 7 months
Cheque bounce case
i have charged fir under ipc 332,341,323,324,294(b),506 in this year in a fake c
Mental torture from ex girl friend
Defamation case in a false FIR
CAN I CHALLENGE SEC 200 CRPC
Girl is imposing false allegations without proof....how to handle
Maharashtra
Family issue in court
Medical Negligence case to be filed against a large hospital chain for compensat
check bounce
MONEY PAID TO LANDLORD FOR BUYING SHOP IN WHICH I AM TENANT NOW HE IS REFUSING
Uttar Pradesh
I am real estate broker .i had shown 1 flat in pushpak altamount road to 1 clien
Legal help
maine talaak ka mukadama file kiya hai, aur biwi ne 498A ka case file kar diya,
Submit document to police for investigation
Property division after death of father
माननीय जी , मेरा नाम नेहा कांत है और मेरी 20-Dec -2020 को बल्लबगढ़ के एक प्
criminal case
Hi sir I need help
Mjh pr ek ladki ne jhuta 345a lgaya h phone pr ched chad ka arop h m kaise bach
land related issue
WITHDRAW MONEY FROM ACCOUNT OF DECEASED
Need help
Sir maine 10din pahle ek kirayedar rakha hai muche uski activities thik nahi lag
Can non-signatory be prosecuted in 138 check bouncing , in case of joint account
A summary report is filed. Shall I go for FIR quashing
Jama masjid
Threatening by screenshots and photos
Police made me in sign in 3 copies of 91 crpc
Credit Card Defaults on Payments and Settlements
Stay Order from SC on an ongoing criminal suit
Bail
Admission fraud
I was subjected to criminal force and assault on 29 march 2022
West Bengal
Andhra Pradesh
I want divorce
Maharashtra
bhabhi ne meri wife per juthi likhit me complain keri hai bhai k office main
Can we do dv and defamation against my sister in law
Auto driver has threatened me.
Karnataka
which case against my sister in law
How to take action against my own father and grandmother for domestic violence
mere jija ji one & half year se jail me h unhe bail tak nhi mili h abhi tak.aur
Sc St case
Breach of trust. Borrower not returning my money.
Investigating Officer had made me stand in the police station as a punishmet
Case status
One Erigation act on me, so now I am planned to travel US. Is there any problem
A Property purchased forging signature of actual owner and subsequently sold is
Hi I had some personal issues can I get someone genuine so that I can discuss wi
LAND GRABING ACT APPLICABLE ON MARRIED WOMAN
whether offered discount in agreement did not extend can be cheating
Maharashtra
Cheque dishonour
Criminal case
क्या पुलिस रिमांड से बेल मिल सकता हैं ..??
wrong FIR against us !*@ false information after 15 month
Naukri se nikal diya
Maharashtra
Maharashtra
Extortion by a security guard of a fort.
My girlfriend is blackmailing me
Maharashtra
Blackmailing, threatening and Defaming
Gujarat
Misuse of security cheque
Cheque bounced from a Pvt. Ltd. company
Near by ramu shop
Was talking to a girl for 4 months for marriage, wanted to marry her, b
sent child porn by mistake
one party give me a cheque and that was bounced on 5th April, 2022 I send notice
my wife dating with another man and talking by phone, can i complaint the man
Regarding false FIR u/s 498A/406/34
Can accused file crpc 340 application during process of protest petition?
False Attempt to murder case
A Criminal Case was closed at First Class Magistrate court
ganja case
I have complaint against Gujarat ST driver for accident
Criminal
Death
A girl has cheated me on love and played with my heart emotionally?
Bank forgery
Dowry related
Girlfriend cheating and threatening
College teacher is failing me again and again and harassing me mentally.
Maharashtra
checkin witout all guest id
Land problem between son and daughter
Defamation Issue
Karnataka
ABA in case of 498(a), 406, 323, 504, 506, 34
Andhra Pradesh
My boyfriend gift me
In which section giving permission to support case after death.
Wrong charges
Didn't get maintenance for child
forgery issue
I had file a SW complaint against a builder in 2015 for wrongly collecting MVAT
Elder son of my father he always beat me and my parents and he say abuse languag
whenever police give a cal from another city and ask to visit police station
Fraud by my group members in taking loan from bank.
Online data entry fraud What to do next??
क्या चेक बाउंस के लिए पार्टनरशिप फर्म का पुराना पार्टनर जिम्मेदार माना जायेगा ?
8 mahine pehle ek ladke ne mere se dheli metro me job lagwane ke liye 120000 liy
Making manipulate Deed of conveyance try to grab property
cctv installation
Criminal case, 302 and 120b,no evidence agt accused
Family Dispute
I want to know what is the meaning of Opening Of Prosecution Case.
Non payment of Dues and Harassment Threat
Section 138
False allegations on me