icon Illegal Money Lending

My older sister took loan from a women . She used to charge 16% interest per month . My sister has paid a lots of interest and now she is not in a condition to bear more interest debt . She stopped pa


A. Dear Client,
Since you availed the loan from private and unauthorized/unlicensed agencies, you have no legal remedy to ask for because trading of money lending or any other financial transaction without any license or permission of the concerned regulatory authority like RBI, SEBI, is an offense under the Prevention of Money Laundering Act, 2002 (PMLA) which was enacted to fight against the criminal offense of legalizing the income/profits from an illegal source. The Prevention of Money Launder ...ReadMore

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icon Territorial jurisdiction in cheque bounce case

When drawees home branch is in ABC city but he presented the case in XYZ city for clearing. Which city court will hold territorial jurisdiction in that case?


A. Dear Client,
The latest ruling on territorial jurisdiction for cheque bounce matters under Section 138 of the Negotiable Instruments Act (NI Act) comes from the Supreme Court case of M/s T.P. Murugan (Dead) through Lrs. Vs. Bojan (2018) 8 SCC 469. The apex court, in its landmark judgment, emphasized that the place where the cheque is dishonored is the determining factor for establishing territorial jurisdiction. This ruling aligns with the legislative intent of Section 138 of the NI Act, which ...ReadMore

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icon Can a cheque bounce case be quashed before taking bail

So someone bounced a cheque and gave a notice. Finally they filed a case and arrest warrants were issued. Since the firm is arraigned which is a mandatory provision. Can we file instant petition for q


A. Dear Client,
You can get bail in a cheque bounce case since it's a bailable offense. The court may require you to provide a surety or a bail bond as a guarantee that you will attend court hearings. You or your surety may be asked to deposit a specified amount of money as security. A cheque Bounce Case Can Be Quashed by filing a petition under Section 482 of the Cr. PC,1973 which empowers the High Court to dismiss criminal proceedings against the accused if the amount is patently Non-Recoverable; ...ReadMore

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icon Negotiable instrument act

Case dismissed holding court has no jurisdiction Can another complaint be filed in court having jurisdict now


A. Dear Client,
The latest ruling on territorial jurisdiction for cheque bounce matters under Section 138 of the Negotiable Instruments Act (NI Act) comes from the Supreme Court case of M/s T.P. Murugan (Dead) through Lrs. Vs. Bojan (2018) 8 SCC 469. The apex court, in its landmark judgment, emphasized that the place where the cheque is dishonored is the determining factor for establishing territorial jurisdiction. This ruling aligns with the legislative intent of Section 138 of the NI Act, which s ...ReadMore

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icon For filing case as per 138 ni act

Court fee for filing a case under 138 of NI Act for recovery of Rs 280000


A. Dear Client,
The Court fees are levied for filing a complaint under Sec.138 of N I Act based on state-specific Court fees Act and rules. In Maharashtra Court fees of 2% of the cheque amount is levied for filing a case under Sec. 138 of the N I Act. For specific information, you need to consult with a local Advocate for guidance and steps

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icon Cheque bounce

A person gave me cheque of bank which was closed 3 years . What can i do now? Can i file 138 ni case


A. Dear Client,
If you have received a cheque from someone, and it is drawn on a bank account that has been closed for three years, you may face challenges in initiating legal proceedings under Section 138 of the Negotiable Instruments Act. Section 138 specifically deals with dishonor of a cheque due to insufficient funds or if it exceeds the amount arranged to be paid by the drawer's account. However, the closure of the bank account poses a unique situation.

In such cases, it is advisable to cons ...ReadMore

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icon Cheque bounce

A person gave me cheque of andhra bank 3 months ago, when i presented it , i came to know that andhra bank is merged. What are options now? Can i file 138 ni case


A. Dear Client,
Cheques may bounce due to various reasons such as insufficient funds, signature mismatch, incorrect cheque date, disparities between numerical and written amounts, damaged or torn cheques, and instances of overwriting. Additionally, a cheque becomes stale three months after its issuance, rendering it invalid for encashment. It's important to note that a bank merger is not grounds for dishonoring a cheque and does not warrant action under Sec.138 of the Negotiable Instruments Act. In ...ReadMore

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icon Police call for non payment of loan

Hello, I got a call from someone who said he is police and told that I have a case on me and gave me a phone number and said that he is lawyer and to ask him to hold the case. I called the number he s


A. Dear Sir,
If there is a cheque bounce case then only Police can call you. In Civil matters particularly in Money recovery matters Police cannot fix you. It is in civil nature unless they treat it as cheating case. If no FIR is registered you are not suppose to visit the Police Station.

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icon Can we proceed to cheques bounce case against lawyer

I have paid money in cash to a lawyer for some work ,she has not done work and she said will be return the money and she has given 3 signed cheques without date and she is keep on telling some stories


A. Dear Client,
While it's challenging without a receipt, you can still take steps to retrieve your money. Document all interactions with the lawyer, including dates, times, and details of conversations. Try to obtain any written communication where she acknowledges the debt. Present the unsigned cheques to the bank, as they may still be enforceable. Consult with another lawyer for legal advice on the matter, and consider sending a formal demand letter requesting repayment. If all else fails, small ...ReadMore

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icon Cheque bounce and DRT

I received a cheque bounce notice with an incorrect mention of my father's name. The bank filed a 138 NI Act complaint based on the same inaccurate information. A bailable warrant has been issued unde


A. Dear Client,
A criminal proceeding under Sec.138 of N I Act initiated by the Bank is not maintainable when recovery of debt proceeding is pending before the DRT. So. to quash the criminal proceedings you have to approach the High Court.

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