Time Period to Appeal against acquittal order for 138 NI act
Time Period to Appeal against acquittal order for 138 NI act
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.
2 years ago
A. Dear Sir,
It has to be filed only before High Court within sixty days from the date of receipt of certified copies.
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Punishment provision for complainant for 138 NI act
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
2 years 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.
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stamp duty charges while filing case under section 138
What is the stamp duty charges while filing case under section 138 in Maharashtra .What would be charges if cheque amount is 1 Lakh?
2 years 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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Jagannath S Pawar
Section 138 Negotiable Instruments Act
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
2 years 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.
Advocate Sinjari Bandyopadhyaya
Wat if I have taken bail in 138 sec ..
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
2 years 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.
Advocate Sinjari Bandyopadhyaya
What is the time limit to file a cheque bounce case
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
2 years 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
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Ayantika Mondal @ Prime Legal
Sidhaarth S
My friend borrowed 6 lac from me..had given blank cheque ..can i i issue legal notice before presenting the cheque
My friend borrowed 6 lac from me..had given blank cheque ..can i i issue legal notice before presenting the cheque
2 years 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.
ROBERT D ROZARIO
Cheque dishonour possible legal remedy
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
2 years 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
Sidhaarth S
Ayantika Mondal @ Prime Legal
Customer Check Bounce Over 30 Days Ago - Check Valid for another 20 Days?
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
2 years 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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Tanmoy Chattopadhyay
Advocate Sinjari Bandyopadhyaya
Vaidehi Samant
Cheque bounce against home loan emi
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
2 years 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.
Sidhaarth S
