Cheque got dishonored
Cheque got dishonored
I am seeking your legal assistance regarding a case filed against me under Section 138 of the Negotiable Instruments Act (NI Act) due to the dishonour of a cheque. The cheque was issued from my person... (Delhi, Delhi)
2 weeks ago
A. Dear Client,
The MOU between you and the company has no role or significance when a cheque is drawn by a person and dishonored for any reason. When a person or a company issues a post-dated cheque against a promise or against any refund of money refundable by him or them and in the absence of any agreement, the cheque receiver holding the said cheque is free to present the same for encashment on any date and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can fil ...ReadMore
Summons against personal loan
I coukd not pay the full settlement loan amount to bank in between they have issued legal notice and than summon recvied from court last week. Pls suggest whether I need to appear in court on said da... (South Delhi, Delhi)
3 weeks ago
A. Dear Client,
A borrower of a loan or debt is held personally liable for his or her debt for non-payment of the outstanding amount of the loan. Once the repayment of the loan stops or bounces for consecutive 3 occasions the Bank initiates a routine course of legal action for recovery of the loan from the borrower marking the loan as a bad loan/NPA and offering the borrower for one-time settlement of the outstanding loan before approaching the Court for recovery of the loan from the defaulted bor ...ReadMore
Summons under US 25 Payment & Settlement Act
I took loan from Protium Finance 1 year back on my company but due to losses I closed the company and stopped paying EMIs (ECS). Protium filed a case against me and I got summons under U/S 25 Payment ... (Hyderabad, Telangana)
3 weeks ago
A. 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 ...ReadMore
joint Account Holder complaint on behalf of other holder
Does Joint Bank Account Holder Can Complaint Individually in Cheque bounce case? The Cheque is written on 2nd holder name and Complaint did file by 1st holder. Does it Maintainable ?... (Ahmedabad, Gujarat)
1 month ago
A. Dear Client,
In the case of the issuance of cheques from joint accounts, only the person who signs the cheque can be prosecuted in a cheque-bouncing case under Section 138 of the Negotiable Instruments Act. When an individual signs a cheque is drawn on their own account to settle a debt or obligation, and the bank subsequently dishonors the cheque, it constitutes an offense under Section 138 of the Negotiable Instruments Act. Sec 138 does not explicitly address joint liability. In cases involvi ...ReadMore
Cheque bounce case
I give payment to payor by my friend and student google pay phone pay account indirectly and payor give me a cheque my name directly and it's bounce can I file case under 138 act... (Raigad, Maharashtra)
1 month ago
A. Dear Client,
When a person issues a post-dated cheque against a promise or against any refund of money refundable by her or him and 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 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 bank and dishonored. ...ReadMore
section 138 of N I Act
Does Joint Bank Account Holder Can Complaint Individually in Cheque bounce case? The Cheque is written on 2nd holder name and Complaint did file by 1st holder. Does it Maintainable ?... (Ahmedabad, Gujarat)
1 month ago
A. Dear Client,
In the case of the issuance of cheques from joint accounts, only the person who signs the cheque can be prosecuted in a cheque-bouncing case under Section 138 of the Negotiable Instruments Act. When an individual signs a cheque is drawn on their own account to settle a debt or obligation, and the bank subsequently dishonors the cheque, it constitutes an offense under Section 138 of the Negotiable Instruments Act. Sec 138 does not explicitly address joint liability. In cases involvi ...ReadMore
I blocked the cheque
I blocked the cheque because before the cheque date I paid the amount... (The Nilgiris, Tamil Nadu)
1 month ago
A. Dear Sir,
Irrespective such endorsement issued by the Bankers to the other party he can get issue a legal notice and file cheque bounce case against you. Better approach Police and get back your cheque since you have paid entire amount.
Cheque bounce
In 2023 I received summon from court regarding the registration against me on Feb 2017,, I was unaware of the case until I got the summon 318 NI act, the amount we took was 50000 and we made settelmen... (Bangalore, Karnataka)
1 month ago
A. Dear Sir,
Without contesting the cheque bounce case if it is pending you cannot close it summarily unless other party agrees for it.
Filled complaint in NIA-138 act against Bounce of few Cheque
Now, my Advocate frequently asks for unwanted money. Even when I asked to hand over the Case Brief, he asked for some unnecessary fees I had already paid earlier. Even for some of the cases he has not... (North 24 Parganas, West Bengal)
2 months ago
A. Dear Client,
Typically, such type of conduct on the part of an Advocate may be considered professional misconduct once a complaint is filed against the Advocate by the litigant/client under Section 35(1) of the Advocates Act, 1961 before the disciplinary committee of the State Bar Council. An advocate has a fiduciary duty to protect the client's interests through honest and ethical means, regardless of the potential for negative outcomes for the advocate or any other parties. A litigant can add ...ReadMore
Hdfc credit card jumboo loan
I obtain a Jumbo loan through my credit card. The monthly auto debit amount is deducted from my HDFC savings account, but I couldn't pay the EMI for the last two months due to a medical issue. I recei... (Bhubaneswar, Orissa)
2 months ago
A. Dear Sir/madam,
Section 25 in The Payment and Settlement Systems Act, 2007
25 Dishonour of Electronic Funds Transfer for insufficiency, etc., of funds in the account.
(1) Where an electronic funds transfer initiated by a person from an account maintained by him cannot be executed on the ground that the amount of money standing to the credit of that account is insufficient to honour the transfer instruction or that it exceeds the amount arranged to be paid from ...ReadMore
