90,000+ Legal Questions Answered
icon NI act 138 Cheque Bounce case Vs Summary suit order 37 of CPC

Respected Sir Please help me by your valuable information,I will be grateful to you all my life. Difference between summary suit for recovery of money and cheque bounce case ..In case of Cheque Bounc


A. Dear Client,
When a cheque is bounced or dishonored, the holder can decide to institute either civil or criminal proceedings against the drawer. In order to institute criminal proceedings, the holder can file a criminal suit under Section 138 of the Negotiable Instruments Act within three months from the date on which it was presented in the bank wherein the defaulter shall be punished with imprisonment up to 2 years and a fine of up to twice the amount of the cheque Further, order 37 of CPC dea ...ReadMore

Helpful
Helpful
Share
icon ORDER 37 of CPC

Question 1. In case of Cheque Bounce or money recovery Plaintiff can file Summary suit under ORDER 37 of CPC?


A. Dear Client,
Order 37 of CPC deals with summary suit and procedure for negotiable instruments. The negotiable instruments under the said provision include bills of exchange, hundies, promissory notes, guarantees, and invoices. Since a cheque is defined as a bill of exchange under section 6 of the Negotiable Instruments Act, the money recovery for a cheque bounce case can be decided under the said provision. So, if you want to impose civil liabilities on the defaulter for the cheque bounce, then ...ReadMore

Helpful
Helpful
Share
icon Cheque bounce

Instead of returning of my payment. He instructed bank stop payment of cheque. Can produce again that same cheque if date of filing NI under 138 act over but cheque date of 3 months not over


A. Dear sir,
You may first get issue cheque bounce notice within limitation otherwise you avail condonation delay provision.
----------------------------------------------------------------------------------------------
Cheque bounce FAQs Negotiable Instruments Act
1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?
Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation - 20% - Without depositing this amount the accused cannot defend the ...ReadMore

Helpful
Helpful
Share
icon Misuse of security cheque

I had given a post dated security cheque of Rs 1,50,000/- to a person and agreed to pay him 10,000/- monthly for 15 months. Accordingly I paid him 6 installments before running into a financial crisis


A. Dear Client,
In case the person has misused the cheque and issued a notice in that regard, you need to reply to the notice accordingly. Further, a cheque bounce case cannot be closed without a trial. If you want to close it at the beginning, then you can approach the High court and seek to quash such criminal proceedings under Section 482 of CrPC by providing evidence for misuse of cheque and breach of trust. You can also file a suit for criminal breach of trust under Section 405 of IPC. If requ ...ReadMore

Helpful
Helpful
Share
icon Cheque bounce - investment expert

A cheque was given to a person who claimed an investment expert & promised me return of investment amount with profit in 5 days .Fund transfered into his bank account via IMPS. On date of he shou


A. Dear Client,

Currently, cryptocurrency trading isn't regulated by specific legislation in India, but it's also not illegal. Victims of cryptocurrency scams can report them through the National Cyber Crime Reporting Portal. If suspicious activity is noticed, contacting the exchange's customer service is recommended. Once reported to NCCRP, investigations begin, with the time frame varying depending on the case's complexity and resources. Cryptocurrencies are classified as virtual digital assets ...ReadMore

Helpful
Helpful
Share
icon Fake cheque bounce case

Fake current account of my firm has been opened by accused. Now they have distributed cheque of this fake current account and made them bounced and file case in court to torture me . How should i pro


A. Dear Client,
In case of false charges and proceedings, you can file a petition before the High Court under Section 482 of CrPC or before the Sessions Court under Section 483 of CrPC to quash the false FIR and proceedings. You can also file an application quashing of criminal proceedings before the High Court under Article 226 of the Constitution of India. The Supreme Court has clarified that the High Court using its inherent power can quash an FIR, even if the charge sheet has already been filed ...ReadMore

Helpful
Helpful
Share
icon FD as a security for bail

There is a court case regarding a security cheque being bounced for which we need to appear and in order to get the bail we were thinking of using FD as a security but Lawyer is saying only registry o


A. Dear Sir,
Just follow the instructions of your lawyer because there are the masters of your Court procedures and each State there are different norms to accept security.

Helpful
Helpful
Share
icon Cheque bounce due to stop payment.

I need a clarification on a cheque bounce case. I have sent around 15 lakh through online to my friend’s business account for his business purpose by taking a loan on my name . He started paying the


A. Dear Client,
When a person issues a cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque is free to present the same for encashment and on presentation, if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the ...ReadMore

Helpful
Helpful
Share
icon Cheque bounce

I had a cheque bounce in private finance I got a call from police station saying I was a ci and I got a case file on you from public prosecutor sec 138&141 He is asking me to settle now itself otherwi


A. Dear Sir,
It seems it is a false and fake call because public prosecutor cannot file complaints under Section 138 and 141 of Negotiable Instrument Act.

Helpful
Helpful
Share
icon Cheque bounce case

Arrest warrant issued quoting cheque bounce 5year before. No intimation is received to me regarding this till now directly arrest warrant issued.


A. Dear sir,
You must appear before the court through advocate and get bail by depositing up to rupees ten thousand as security. It seems you have given undated signed cheque and the other side might have mentioned the recent date.

Helpful
Helpful
Share