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Legal service India => Cheque Bounce => Topic started by: satyapatnala on January 03, 2017, 01:30:36 AM

Title: Cheque bounce from house owner and court stay cancel request
Post by: satyapatnala on January 03, 2017, 01:30:36 AM
Hi,

I have filed a case in city magistrate court for a 'cheque bounce' issued by my house owner K. This is the cheque issued as part of caution deposit return after vacating rented house, however he deceivingly issued stop payment after that.

The court has studied my plea served notice to the accused issued and he has not appeared in court for twice and court issues a NBW for the same.

The accused now filed an appeal in sessions court and got a stay order from that court.

In his notice he cited irrelevant reasons and wrong case numbers(that have no relation) along with his lawyer. He has misdirected/confused the court and got this order.

Now for me to contest this case in sessions court, its going to be expensive(upto 10,000/-) which i am not ready to bear.

He has done this purposefully with intention that i wouldn't contest it.

Is there any better way for me to inform the session court about this and request for return of the case to magistrate court and cancel the stay?

Regards,

Satya
Title: Re: Cheque bounce from house owner and court stay cancel request
Post by: mahaur_rk on January 15, 2017, 10:39:45 AM
You may always pray for the expenses of suit if you win..
Advocate rajesh kumar
Title: Re: Cheque bounce from house owner and court stay cancel request
Post by: odbhaskaran on April 17, 2017, 07:48:26 PM
If the case number quoted is different then there is no stay granted at all.   
Title: Re: Cheque bounce from house owner and court stay cancel request
Post by: mahaur_rk on October 30, 2017, 08:42:03 AM
do not worry .. you must have received a copy of stay order.. please share that

Did your owner intimate you that he has stopped the cheque payment? If no, then do not worry.. you should proceed with your suit and charge the expenses to your owner in case if you win..

Advocate Rajesh Kumar
Email: advocaterajeshmahaur@gmail.com
www.fidatoassociates.com
Title: Re: Cheque bounce from house owner and court stay cancel request
Post by: legodesk on November 10, 2017, 02:02:28 AM
When a person gives a cheque to another person and the cheque-holder visits the bank in order to get his money but the bank does not accept the cheque due to insufficient balance of the payee or in case his signature did not match or he might have given instructions to the bank for not honouring his cheque, the cheque-holder or drawee could proceed against the defaulter. 

Read more- http://legodesk.com/blog/cheque-bounce-case/
Title: Re: Cheque bounce from house owner and court stay cancel request
Post by: kalaskarkk on December 29, 2017, 11:46:33 PM
1. There is no other way except put your defense before the Sessions Court through your Advocate and get the stage vacated.

2. Normally, court expenses will around Rs. 25,000 to Rs. 50,000 for each cheque bounce case. The Advocates cannot advance their services on charity basis. If cheque amount is less than Rs. 50,000 it is not advisable to approach the Court except on prestige issue.