138 of NI Act
138 of NI Act
I'm for council for the complaint in lower court Accused not exaimained in complaint the matter is posted for judgment after recall the case on that time also not made Cross exam of pw1 the court has
Posted 3 days ago
A. Dear Sir,
You have to pursue the matter in the Appellate Court only. You may go to High Court by way of WP under Article 227 of Constitution of India.
Abhimanyu Shandilya
Kolkata
Convicted in NI 138 with double the cheque amount and 2 years RI
What should be next steps, how can I get bail, I want to appeal in District Court, how easy to get bail, and what will be conditions of bail
Posted 1 week ago
A. You or your family members need to consult with an advocate regarding such matter along with all the relevant documents so that the best possible remedies can be said to you..
NIA - How can the money be recovered
How can the money be recovered when after the death of the accused . According to NIA . What else can be done except the recovery from the property and legal heirs . Also the case is filed in High cou
Posted 3 weeks ago
A. Dear Client
You should wait for the decision of the High court in the present case.
Also, if a case is pending in a court, no further steps can be taken till the matter is adjudicated.
Thanks
Advocate Anik
Bangalore
Stamp duty fees while filing case of N. I Act section 138.
What would be charges if cheque amount is Rs. 1,05,650/-
Posted 3 weeks ago
A. Dear Client,
A complaint for dishonour of cheque under Section 138 of the Act can be filed in the court situated at a place where the bank of the payee is located. It is a punishable offence with a fine which can extend to twice the amount of the cheque or imprisonment for a term not more than two years or both.
Advocate Anik
Bangalore
Cheque Bounce -how to file complaint
Cheque has been bounces and its almost 3 month but no other cheque has been issue and we shifted location to another city. Where and how to file complaint
Posted 3 weeks ago
A. Dear client,
You should have filed the case within 30 days of the cheque bounce, but it is already 3 months. So, consult a lawyer and send them a legal notice first and if they do not reply, file a case against them under section 138 if The Negotiable Instruments Act with a reasonable explanation for the delay in filing the case.
Advocate Anik
Bangalore
PDC validation - want to pay a postdated cheque
Good morning. My brother in law's want to pay a postdated cheque to my wife for foregoing her share in a property. They are asking her to sign the document at registrar office. At present their intent
Posted 4 weeks ago
A. Dear client,
it is not always advisable to issue a post-dated cheque. This is because there could be possibilities that you may not be able to honour the cheque on the given future date.
Advocate Anik
Bangalore
Abhimanyu Shandilya
Kolkata
cash given to friend for business
I given money as a friendly loan and duration of this is 36 months from 2018. But now person who take money is not returning my money. in 3 months they give me 500 rupees after multiples follow ups. I
Posted 4 weeks ago
A. Dear client,
You can recover through the following means:
1. Civil suit - The first step is drafting the summary suit and then it should be summoned to the person who borrowed money. The court requires certain documents to be produced before them along with the copy and summons. Once the suit is filed, the defendant will be asked to appear before the court within 10 days.
2. Criminal suit - The lender has to prove that the person had committed criminal breach of trust and had not returned the m ...ReadMore
Advocate Anik
Bangalore
Not paying loan amount
We had paid handloan to a friend a big amount. He paid minimum intrest . The accused has not given the principal amount yet for last five years. Now he is making excuse that he has no business and has
Posted 1 month ago
A. Dear Sir,
Nicely file cheque bounce cases if not barred by limitation other wise file Civil case for recovery of your amount plus your interest.
NI ACT 138
Court fees in complaint made under section 138 in Bengaluru.
Posted 1 month ago
A. Dear Client,
The court fees for the Suit u/s 138 NI Act 1881 is very nominal or you can say nothing at all. But there are certain things of Limitation which has to be monitored for actually having the suit in your favour eg:Service of legal notice and filing of suit in Limitation period which are very short .
Thank you so much, I hope this answer helped you.
Advocate Anik
Bangalore
Dishonor of Cheque
MY LEGAL NOTICE RELATED TO DISHONOUR OF CHEQUE WAS RETURNED TO ME WITH A REASON "ADDRESSE LEFT WITHOUT INTIMATION" AND I RECEIEVED THE SAID LEGAL NOTICE BACK ON 10-9-2022. THEN BY WHAT TIME I SHOULD F
Posted 1 month ago
A. Dear Client,
After the expiration of 15 days from the date of issuing the cheque bounce notice, the payee can initiate legal action against the drawer. The payee should register a complaint under Section 138 of the Act. Under Section 138 of the Act, the offence of cheque bounce is a criminal offence for which the payee can initiate a criminal suit. The payee must file the complaint against the cheque bounce before the Magistrate within 30 days of the expiry of 15 days of issuing the cheque boun ...ReadMore
Advocate Anik
Bangalore
