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Cheque bounce where can I file the case
2 years ago
I have submitted cheques in Icici bank faridabad and cheque is of Axis bank branch in noida so I can file case in faridabad or I have to go to noida to file case as cheque is of Axis bnk noida.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You have to file the case in Faridabad. You can file a petition as per section 138 of the Negotiable instruments Act,1881. Please contact a lawyer for further legal advice.
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You have to file the case in Faridabad. You can file a petition as per section 138 of the Negotiable instruments Act,1881. Please contact a lawyer for further legal advice.
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A.Hi,
You can file the case in Faridabad. You can file a case as per section 138 of the Negotiable instruments Act,1881 and the court in Faridabad has jurisdiction to handle the dispute.
Please rate my answer
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You can file the case in Faridabad. You can file a case as per section 138 of the Negotiable instruments Act,1881 and the court in Faridabad has jurisdiction to handle the dispute.
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Shivaleela Gujare
Responded 2 years ago
A.#Banking # free Legal Advice on banking
you will be able file where you have account if your account is in faridabad and you submitted the cheques in ICICI bank then the Jurisdiction of the court is in faridabad only
you will be able file where you have account if your account is in faridabad and you submitted the cheques in ICICI bank then the Jurisdiction of the court is in faridabad only
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Sunil Kumar Singh
Responded 2 years ago
A.dear client you have only option to file a case in faridabad city,since the cheque is issue in noida you are confuse, be sure file it in faridabad.
you need to engage a lawyer for prepare your petition under section 138 , the draft of petition can be available on your request,
you need to engage a lawyer for prepare your petition under section 138 , the draft of petition can be available on your request,
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.You have both Civil and Criminal remedy in hand.
In criminal remedy following the procedural compliance of sending Demand Notice within 30 days from the intimation of such dishonour of cheque by your Banker to you, as per the provisions of the Negotiable Instruments' Act,1881,as amended up to date, if the drawer doesn't make payment within 15 days from the date of receipt of that Notice,then within 30 days thereafter You have to file the Complaint Case u/s 138 and 141 of NI Act before the Ld. First Class Magistrate Court under the jurisdiction of which you presented that cheque to your Banker,i.e.,in Faridabad.
Under Civil remedy, you have an option to separately file a civil suit after giving legal notice to recover the due amount as well as the costs that you have to bear during the litigation. As a result, a summary suit under Order- 37 of the Code of Civil Procedure, 1908 can be utilized to recover the due amount where right to defend himself is not provided to the accused rather, the accused needs permission from the Court to defend himself.However, legal utilization of summary suits can only be utilized in recovery matters, be it cheques, promissory notes or bills of exchange (wherever there was written contract to make payment).
In criminal remedy following the procedural compliance of sending Demand Notice within 30 days from the intimation of such dishonour of cheque by your Banker to you, as per the provisions of the Negotiable Instruments' Act,1881,as amended up to date, if the drawer doesn't make payment within 15 days from the date of receipt of that Notice,then within 30 days thereafter You have to file the Complaint Case u/s 138 and 141 of NI Act before the Ld. First Class Magistrate Court under the jurisdiction of which you presented that cheque to your Banker,i.e.,in Faridabad.
Under Civil remedy, you have an option to separately file a civil suit after giving legal notice to recover the due amount as well as the costs that you have to bear during the litigation. As a result, a summary suit under Order- 37 of the Code of Civil Procedure, 1908 can be utilized to recover the due amount where right to defend himself is not provided to the accused rather, the accused needs permission from the Court to defend himself.However, legal utilization of summary suits can only be utilized in recovery matters, be it cheques, promissory notes or bills of exchange (wherever there was written contract to make payment).
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