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Back Ground Accused is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act. Following are the question, • What action can be taken against the complainant? • Any

Posted 6 days ago


A. Dear Sir,
If complainant not went in appeal against such acquittal judgment then you can get issue a legal notice and file criminal case for defamation and a civil case for defamation claiming huge compensation.

I could have explained more if background is known to me. If background is made known in full then legal experts will be in position to understand correctly. Moreso, the background must be in brief.

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Time Period to Appeal against accused acquittal order for 138 NI act. Whether session court entertains the Appeal against accused acquittal order for 138 NI act.

Posted 6 days ago


A. Dear Sir,
It has to be filed only before High Court within sixty days from the date of receipt of certified copies.

I could have explained more if background is known to me. If background is made known in full then legal experts will be in position to understand correctly. Moreso, the background must be in brief.

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What is the stamp duty charges while filing case under section 138 in Maharashtra .What would be charges if cheque amount is 1 Lakh?

Posted 1 week ago


A. Dear Sir,
It is a criminal case as such no court fee and stamp duty will attract except advocate fees.

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Yogesh T Tar

I have taken 2 lakhs through bank transfer from one person 3 years back with a verbal comitment of paying him 4 lakhs on return. He took a blank cheque from me as security. Now as I called him to retu

Posted 2 weeks ago


A. Hi,
It can come under section 138 of the NI Act as the person is clear of taking legal actions against you. However, you need to understand when the 4 lakhs money was supposed to be returned as per the verbal commitment.
Thank you.
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And I have not attended the hearing for 3 years ..they have issued a waarant against me ..can I retake the bail or will they lodged me inside the prison

Posted 3 weeks ago


A. Dear Sir,
It is a bailable offence you may appear before the Court and take bail again that is the NBW pending against you may be recalled on the ground of COVID situation etc. Hire a criminal advocate who is acquainted with cheque bounce cases.

I could have explained more if background is known to me. I am at your service if you visit my office.

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Hi, I had a cheque return case against one person inthe sessions court. But when it brought in the Adalat conducted by the Legal Services cell he assured me that he will pay in 4 equal installment

Posted 1 month ago


A. Hello Sir.
As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed. In case the case is filed beyound that time then the same shall be time barred.
Thanks
Please rate if you find this advice helpful.
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Ayantika Mondal @ Prime Legal
Ayantika Mondal @ Prime Legal
My friend borrowed 6 lac from me..had given blank cheque ..can i i issue legal notice before presenting the cheque

Posted 2 months ago


A. You can inform him about your presenting his Cheque to your banker and he should make sure that his bank account has sufficient balance to discharge his liability or Cheque amount. You can issue a demand notice only in a situation when his Cheque gets bounced and you've received a memo with a remark insufficient funds etc.
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Shashi Gupta

My father took cash loan from a person and in lieu gave him stamp paper and blank cheques. My father is returning money through cash and also online. Now there are some misunderstandings between both

Posted 2 months ago


A. Dear Sir,
You may approach police and get back such cheques since there are several instances in the past that many people misusing such cheques and definitely it will be ended in conviction.

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Koslesh  Kumar
Koslesh Kumar
Sidhaarth  S
Sidhaarth S
Ayantika Mondal @ Prime Legal
Ayantika Mondal @ Prime Legal
Dear Advocates, We run a business in Hyderabad and our customer is also from Hyderabad Our customer check for Rs 95,000 bounced on June 18th. The customer has been telling they will send money by

Posted 3 months ago


A. Dear Sir,
You may wait for another 15 days then present the cheque within validation period and take cheque bounce endorsement from the Bankers and file a cheque bounce case after issuing legal notice.

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Anonymous

My wife left her matrimonial home within 4 months from the date of marriage. I brought her back with the demand that i purchased a builder floor and made 50-50% owner to me and my wife. The loan was a

Posted 3 months ago


A. Details are required to be examined. How and why bank should be concern to your dispute with your wife? Bank has paid amount so bank is entitled to recover the same with interest, cost, expenses from you and your wife. You have to discharge your portion of liability towards bank. In regard to cases filed by wife firstly secure bail in order to safe guard yourself and other accused persons. Notice issued under section 138 NI Act or case under section 138 is not maintainable.
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Administrative Law (1024)
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