138 N.I. Act-Delay in appealing against conviction by JM
138 N.I. Act-Delay in appealing against conviction by JM
In a typical case, that happened here at Sivakasi in Virudhunagar District, a drawer issued a cheque for Rs. 5,12,000/- The cheque bounced back and in the trial court, he was convicted by the Judicial
1 year ago
A. Dear Client,
The court has the power to allow the petition filed under Section 5 of the Limitation act and this is up to the court and this will only happen if the court is satisfied with the reasons for the delay.
From what you have mentioned it is highly improbable that the court will allow this petition based on those reasons especially since the Petitioner is filing for the appeal nearly 1187 days after the date of judgement when the limitation only allows him to file the appeal in the distr ...ReadMore
I was cheated by one lady, she took 2.50 lakhs from me to buy a land on sharing basis
I was cheated by one lady, she took 2.50 lakhs from me to buy a land on sharing basis, and she give two cheques to me, after money received by her she is ignoring me and not attending my calls, in th
1 year ago
A. Dear Sir,
First you must confirm that in the Police complaint also you have mentioned that cheque is for Rs.10 Lakhs because you have given only Rs.2.5 Lakhs and claiming Rs.10 Lakhs.
Landlord fails to pay the amount
Landlord refuse to pay the remain lease amount
1 year ago
A. Dear Client
If you have a valid lease agreement in place which has mentioned all the relevant clauses and the respective payments to be made by the parties then you can send a legal notice to the landlord and seek your money back. You can also file a civil case in required.
138 - My case is still pending in Jabalpur high court
My case is still pending in Jabalpur high court since 2013.But I have received police warrent at my place.How this is possible. Regards
1 year ago
A. Dear client,
It'll be better if you can provide us with more details about the case. Whether it's a civil suit or a criminal case and what is the police warrant about?
A search warrant could be issued by the Court not only for the purpose of an enquiry, but also for the purpose of any other proceeding under the Code.
REGARDING CHEQUE - I get a loan of 50000 rupee
I get a loan of 50000 rupee from a privete financer . Only 6600 rupee is left but he deposit my cheque 200000 rupee in bank .
1 year ago
A. Kindly ask your bank for not allowing the said cheque to get encashed and stop all the transactions of the said company against the cheque provided by you. Kindly intimate the same to the finance company that you stopped all the payment transaction against the said company for the above mentioned reason... You may also file a case for cheating against the said company.
Subhashis Paul
My security check is bounced
My security check is bounced and bank asking for legal action.
1 year ago
A. Dear client, in my humble suggestion, it is a crime for a check to bounce due to inadequate funds in the account. According to Section 138 of the Negotiable Instruments Act of 1881, the payee may lodge a criminal complaint.
A. Dear client,, in my humble suggestion, check bounce is a criminal offence and a complaint can be filed regarding the same.
Cheque bounce - Jisko cheque diya tha
Jisko cheque diya tha woh dhamki de raha hai
1 year ago
A. Sir if it's case where your cheque is bounced, in that case, cheque bounce is an offence under Section 138 of the Negotiable Instruments Act, 1881 (“Act”) punishable 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.
Received a cheque of 5 lakhs but it got bounced due to insufficient balance
It's been 30 days can i send legal notice now?
1 year ago
A. No you should send the legal notice within 30 days to file a cheque bounce case later on. What you can do is redeposit the cheque and let it bounce again then within 30 days of the dishonour you can send the notice.
NI Act 138 for Cheque bounce in case Positive pay not registered
I have 15 lakh rupee Post dated cheque (with agreeement for payment as loan from a friend) . But he has not registered the cheque in Positive pay system as mandated by RBI recently. my question is, if
1 year ago
A. Respected sir, If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, you have to file a complaint in a magistrate's court within a month of the expiry of the notice period.
