Cheque bounce case against fugitive
I have cheque bounce case against fugitive who escaped gulf and hiding in India. I already have exparte order against him and now he is not attending court hearing in India. I am paying hearing fees ...
I have cheque bounce case against fugitive who escaped gulf and hiding in India. I already have exparte order against him and now he is not attending court hearing in India. I am paying hearing fees ...
Dear Client,
Once the cheque bounce case concludes and the court passes an order under Section 138 NI Act, the decree holder(complainant) can file an execution petition seeking execution of the said order before the same court that passed the order. If the order involves fine or compensation, the same Magistrate Court can execute it under Section 421 Cr.PC which includes issuing warrants, attachment of property, or deductions from salary. If the complainant obtains a civil decree through a sum
Judgment of acquittal was on 13 February, on April 8 supreme court gave judgment to file appeal against acquittal in session court ,now complainant filed appeal in session court after 8 months in sess ...
Dear Client,
Your query lacks information. However, be informed that as per Limitation Act, 1963, the limitation period for filing an appeal against an order of acquittal is 90 days from the date of the acquittal order. However, under Section 5 of the Limitation Act, a court has the power to admit an appeal after the prescribed period if the appellant can satisfy the court that they had "sufficient cause" for not filing the appeal within the time limit. So, filing an appeal before the Session C
My mother and father had 8 children (5 girls and 3 boys). Out of them, one sister and my 2 brothers died. One of the brothers who died was a priest. This brother had 2.30 acres of land in his name. Af ...
Dear Client,
When a person issues a post-dated cheque against a promise or against any refund of money refundable by him/her, the cheque receiver holding the said cheque is free to present the same for encashment. If, on presentation, the cheque is dishonored or bounced for any reason including insufficient fund or stop payment instruction to Bank, then the holder of the cheque can file a criminal suit against the drawer of the cheque under Section 138 of the N I Act, 1938, within three months
I received a summon under Section 25 of PSS Act for ECS bounce. What should I do?
Dear Client,
Section 25 of the Payment and Settlement System Act 2007(PSSA), states that if an electronic transfer cannot be completed due to insufficient money or if an amount required to be paid out exceeds the limit on the credit card of the payer, the payer can be imprisoned or fined twice the amount or both similar to the dishonor of a cheque under the Negotiable Instruments Act 1881. Section 25 of the Act states that the payee, before filing a complaint under said Act to recover money, mu
I have given blank cheque to lendor of hand loan narrowed by my father(3lakhs) bt filled case against me nd judgmented that I have to pay loan balance in installments as barrower is alive nd ex govt e ...
Dear Sir,
You can appeal before the Sessions Court only if:
Court did not consider that you are only guarantor.
You have evidence that cheque was misused.
You did not actually borrow the money.
But remember:
Appellate courts rarely interfere in NI Act convictions if cheque signature is admitted.
Because NI Act presumes the cheque was issued toward a legally enforceable debt.
So appeal is possible, but chances depend on facts
Other Responses
मैंने किसी फर्म को पैसे दिए थे अब उसने मुश्किल से आधे पैसे लोटाने के लिए मुझे ...
Dear Client,
When a person issues a post dated cheque against a promise or against any refund of money refundable by him/her, the cheque receiver holding the said cheque is free to present the same for encashment. If, on presentation, the cheque is dishonored or bounced for any reason including insufficient fund or stop payment instruction to Bank, then the holder of the cheque can file a criminal suit against the drawer of the cheque under Section 138 of the N I Act, 1938, within three months
Other Responses
Under Section 138 of the Negotiable Instruments Act, I need judgments where similar complaints two complainant(Friend) and one accused cross-examination were conducted at the same time so that my defe ...
Dear Client,
If the cases are for distinct transactions, the court will pass separate judgments for each case, though it may conduct the cross-examination at the same time to save time. The final outcome will depend on the merits of each case. The Supreme Court has ruled against simultaneous prosecutions for the same underlying transaction, as it could lead to double jeopardy for the accused. The court may consolidate the cases for trial to ensure efficiency and coherence, especially if the com
Sir,, greetings for you,,,,I used to run a beauty parlour from 2018 ....in 2019 ....year ending ...one of my classmate...from my childhood have called me and asked me that she was interested in busine ...
Dear Client,
Your query lacks information and transparency. Even your query does not focus the present status of the cheque bounce case. However, be informed that when a person issues a post dated cheque against a promise or against any refund of money refundable by him/her, the cheque receiver holding the said cheque is free to present the same for encashment. If, on presentation, the cheque is dishonored or bounced for any reason, then the holder of the cheque can file a criminal suit against
After running of check bounced case for 2 years, now the lower court had said that proper noticed was not served to the petitioner and I lost my case
Dear Client,
If the lower court has dismissed your cheque bounce case on the ground that proper notice was not served to the petitioner, you have the option to file an appeal against that order in the appropriate higher court within the prescribed time limit.
You should gather evidence or proof that you had indeed served the statutory notice as required under Section 138 of the Negotiable Instruments Act, or if the notice was not served properly, consider serving the notice correctly and re-
Other Responses
In 2012, my father purchased a truck through finance from a company for ₹6,00,000. He made payments totaling approximately ₹4,50,000. Due to financial difficulties, around ₹1,50,000 remained unp ...
Dear Client,
Given the scenario, you should immediately consult with an Advocate specializing in cheque bounce cases and Debt Recovery Tribunal Cases to understand your rights and remedies to navigate the issues legally and effectively. If a Bank/NBFC seizes and auctions a vehicle without providing prior notice to the defaulter borrower, it can lead to severe consequences for both the bank and the borrower. If a vehicle is repossessed without proper notice, the subsequent auction of that vehicle
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