Can a person get imprisonment for Cheque Dishonour?

Question

I have recieved a cheque of 1,50,000 rs from a person in my city, in return of the cash that I paid him some time back.
I have an entry of this transaction in my account.
He never paid me the money and I served him the notice for cheque dishonor.
The case is running in the court for the past 4 years.I have also put a civil case.
In case today after four years, this person surrenders in the court and says I am willing to pay the money.
But past four years have been a disaster for me I have been spending most of my time and resources for fighting this case.
Can I appeal the court, that I will get the money from him in the civil case but as far as Cheque Dishonor is concerned my target
is to get him imprisonment. In this case what will be the outcome only Financial penalty or imprisonmet also?
If you can please put some light with latest cases that would be great.

Answer 1

The offence of cheating punishable under section 420 of the Indian Penal Code & bouncing of bank cheque under section 138 of the Negotiable Instruments Act, 1881 will not be affected by the surrender of the offender & his offer to pay you back the money in the court itself. Those are criminal proceedings & can go on irrespective of his payment to you of the amount due to him & even interest thereon. The very fact his liability with regards to the offence does not get discharged by his payment of the amount in question, he is tried for offence committed by him that remains unaffected, it will be upto you to forgo the criminal matter with the permission of the court but otherwise if you want the criminal proceedings continue till the final judgment & order with his punishment you can pursue it as you have been doing till date.

Answer 2

2. Section 141 of the Act clearly provides that if the person committing an offence
under section 138, is a company , every person who, at the time the offence was
committed , was in charge of and was responsible to the company for the conduct
of the business of the company, as well as the company, shall be liable to be
proceeded against and punished

2 Criminal Procedure Code, 1973, Section 482 - Negotiable Instruments Act,
Sections 138 - Indian Penal Code, Sections 420, 406 - Criminal and Civil
Proceedings - Loan of Rs. XXX. lacs obtained against cheques - Cheques presented
and dishonoured - Fresh cheques issued, but again dishonoured - Complaint under
S. 138 of Negotiable Instruments filed - No offence under Sections 406, 420 IPC
made out - Criminal proceedings quashed - A bald assertion that cheques were
issued with dishonest intention and misrepresentation not tenable

Answer 3

1.Ask a lawyer for cases as examples & for advice.
2.You are to first send a notice to the offender to pay you.If he does not still pay you can file a cheating case under Sec.420 in the Police station with evidence.Since you have already started court proceedings it may or may not be possible to make a Police case.
3.You can send a pettion with fees to the court to expedite the hearing & the judgement.Your aim must be to get your money & costs incurred to get back that money, rather than seeking a jail sentence for the offender as merely putting one in jail cannot get you money.
4.See if you can get details & evidence of his property (certified copy of title deed of ownership of land or house from Revenue Registrar,money in bank,salary from his employer(name & designation in employment,etc.),etc.)to attach it by a court order.You may find it difficult.

Answer 4

It is illegal to have the cheque dishonoured. So, you can only fight in the court. Depending on the crime, the court can decide on the punishments.

Answer 5

I don't know many 70 or 80 year old people who HAVE parents to dishonor. I have this crazy theory, though, that eating healthy, not smoking, and avoiding accidents is more conducive to a long life than telling your mom she wears combat boots.

Answer 6

yes he can be arrested by dishonouring the chequebut it takes time because the police doesnot work effectively.

Answer 7

YOU CAN SUE HIM IN HE COURT WHITH REFERENCE IN CASE OF FORGERY AND IT IS A GREAT OFFENCE YOU CAN PUT HIM BEHIND BARS TOO GET A GOOD LAWYER AND FIGHT THE CASE AS A CONTRACT WITH THE LAWYER .