icon Cheque bounce case - Company limited

Company limited and listed in exchange has gone in bankruptcy and cheques are bounced , my brother is an employee who was aurthorised signatory


A. Dear Client,
the cheque bounce cases can neither be instituted nor be continued against companies that are facing insolvency proceedings and are protected under a provision of the Insolvency and Bankruptcy Code (IBC) putting a moratorium on legal proceedings against them.

Thank You

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icon Cheque Bounce - Couple got divorced after 10 yrs marriage

Couple got divorced after 10 yrs marriage. Husband's brother promoted financially for higher studies of the wife as husband was not having good earnings. Wife agreed to pay the loan given to her for h


A. Dear Client,
The wife is responsible for the payment of the loan amount. The lender will report the loan account as non-performing assets to the credit bureaus. They will severely affect your credit history and affect your credit score.

Thank you.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Invalid cheque bounce

I HAVE ISSUED BLANK CHEQUE AS A SECURITY PURPOSE 10YRS BACK WHICH WAS FROM DENA BANK WHICH IS NOW MERGED TO BANK OF BARODA. CAN HE MISUSE THE CHEQUE AND FILE 138


A. Dear Client,

‘Security' in its true sense is the state of being safe and the security given for a loan is something given as a pledge of payment. When banks merge, sufficient care is taken to ensure that the impact on customers is minimal so you need not worry.

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icon Cheque bounce arrest

Hello, A company claims that I owe them money and initially I thought I did but when I checked my bank statements I saw that I paid in full but I commented that I will pay them on a video call with co


A. Dear Client,
First hire a lawyer and tell him all the details and he may guide you in full confidence but for the instance if you have paid the amount and mistakenly nodded to pay them, there is no problem and no legal action would be taken against you.
Thankyou

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Section 138 before 10 years

My friend was po in section 138 before 10 years.after 10 years he could be arrested and if he could get arrest then what is the procedure to release him or he cannot be arrested


A. Dear Sir,
It is a bailable offence as such he may be released on execution of some bond. Normally, it being a summons case so there are no chances of reissuing NBW after such long period.

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icon Customer gave me 2 blank cheque that I lost now

Customer gave me 2 blank cheque that I lost now and I don't have the cheque number also. I have asked person to stop payment cheque request to bank. Now he is not transferring the money to me. How c


A. It is also necessary on your part to request the concerned customer to provide you the cheque numbers and other relevant particulars in respect of those stolen cheques so that you can lodge general diary before the police station so that in future none can use those blank signed cheques for mala fide purpose causing prejudice to that customer.If you have valid document signifying the concerned customer's liability to make payment to you, then it is necessary to give him legal notice specifying ...ReadMore

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Latest Response 2 years ago
Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Section 138 NI Act

I had availed a personal loan from HDFC Bank. I was in job and was paying all the instalments well in time. But I lost my Job during Corona period and till date I am jobless. Even then I have deposite


A. You are suggested to appoint an experienced lawyer and attend your matter diligently and present your arguments stating your reasons for non-payment and present what all payments you have made basically show that you have intention to make payments and try to reduce your liability as much possible and /or seek necessary time to make the payment towards pending arrears. Thank you.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Conditions of Bail in N I 138 Case

Conditions of Bail in N I 138 Case in chandigarh


A. Dear Client
for getting bail in NI 138 case or cheque bounce case the accused/opposite part has to be appear in front of the Magistrate and seek bail by depositing the required surety as directed by the Ld. Court. And once you have availed the bail then ensure to be present on every date so that it does not get cancelled.

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icon About check and stam case

We have given a check and stamp paper to someone 2 years ago....He is asking to put the cheque ….we have given the t case money.


A. You should have paid the money in cheque rather than in cash. No need to worry. Tell him to keep it in showcase. If you so concerned you may send a legal notice through a lawyer stating that he is not returning the stamp paper and cheque and that you have already paid him the money.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Timeline for Criminal case on Cheque Bounce

Builder failed to register a property after paying the amount and given cheque after many follow ups. As usual cheque bounced but he is paying at his leisure after continuous followups and sending leg


A. As you have already sent legal notice you should have filed a case of 138, but now you can file a summary suit for the same. You can file a criminal case now also and the charges would vary from Advocate to Advocate and city where your property is located.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya