File case for Cheque bounce
6 months ago
i had sent a legal notice to builder for cheque bounce on 26/09 as the cheque he gave me for refund of token amount of Rs. 50000 bounced. i want to file a case with magistrate but the laywer is asking for fee of Rs. 20000 to file a case. With the claim amount of Rs. 50000, lawyer fees of Rs. 20000 is a risk for me as not sure if i will get my 50000 even after filing the case and plus am risk at loosing 20000 more as lawyer fees. Can you please advise if and guide if i can file the case before magistrate on my own and let me know the procedure?
A.Dear Client,
Considering the complexity involved in case you opt to contest the case before the Court at your own and your concern over payment of Advocate fees that appear to you exorbitant or not affordable, you may opt for free legal aid which is available to a person under Legal Services Authorities Act, 1987, if he or she met the following eligibility criteria as laid down under Sec. 12 of the said Act. a) a member of a Scheduled Caste or Scheduled Tribe; b) a victim of trafficking in human beings or beggars as referred to in Article 23 of the Constitution; c) a woman or a child; d) a person with a disability as defined in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or e) an industrial workman; or f) in custody, including custody in a protective home within the meaning of Section 2(g) of the Immoral Traffic (Prevention) Act, 1956 or in a juvenile home within the meaning of Section 2(j) of the Juvenile Justice Act, 1986 or in a psychiatric hospital or psychiatric nursing home within the meaning of Section 2(g) of the Mental Health Act, 1987; or g) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court. So, if you find yourself eligible
for free legal aid, you can approach the Member Secretary, State Legal Services Authority or Secretary, District Legal Services Authority to contest your case with the legal assistance of panel Advocates appointed by the authority.
Considering the complexity involved in case you opt to contest the case before the Court at your own and your concern over payment of Advocate fees that appear to you exorbitant or not affordable, you may opt for free legal aid which is available to a person under Legal Services Authorities Act, 1987, if he or she met the following eligibility criteria as laid down under Sec. 12 of the said Act. a) a member of a Scheduled Caste or Scheduled Tribe; b) a victim of trafficking in human beings or beggars as referred to in Article 23 of the Constitution; c) a woman or a child; d) a person with a disability as defined in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or e) an industrial workman; or f) in custody, including custody in a protective home within the meaning of Section 2(g) of the Immoral Traffic (Prevention) Act, 1956 or in a juvenile home within the meaning of Section 2(j) of the Juvenile Justice Act, 1986 or in a psychiatric hospital or psychiatric nursing home within the meaning of Section 2(g) of the Mental Health Act, 1987; or g) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court. So, if you find yourself eligible
for free legal aid, you can approach the Member Secretary, State Legal Services Authority or Secretary, District Legal Services Authority to contest your case with the legal assistance of panel Advocates appointed by the authority.
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A.Dear Client,
In India, you can file a case for cheque bounce (Section 138 of the Negotiable Instruments Act) on your own, but it's recommended to consult with a legal expert to ensure the complaint is legally sound. You will need to pay court fees, which are generally an amount based on the value of the cheque. The court will issue summons to the builder. You will need to appear in court as a complainant and present your case. While you can file a case on your own, it's important to understand that legal procedures can be complex, and it's advisable to seek professional legal assistance.
In India, you can file a case for cheque bounce (Section 138 of the Negotiable Instruments Act) on your own, but it's recommended to consult with a legal expert to ensure the complaint is legally sound. You will need to pay court fees, which are generally an amount based on the value of the cheque. The court will issue summons to the builder. You will need to appear in court as a complainant and present your case. While you can file a case on your own, it's important to understand that legal procedures can be complex, and it's advisable to seek professional legal assistance.
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A.Dear Sir,
It is a three tier system wherein if the Accused convicted by the Court of Magistrate then he may approach an appeal to Sessions Court then to High Court. Thus, you have to lose more money in contesting the cases rather than getting your money. Take a wise decision.
It is a three tier system wherein if the Accused convicted by the Court of Magistrate then he may approach an appeal to Sessions Court then to High Court. Thus, you have to lose more money in contesting the cases rather than getting your money. Take a wise decision.
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