For filing case as per 138 ni act
For filing case as per 138 ni act
Court fee for filing a case under 138 of NI Act for recovery of Rs 280000
2 months ago
A. Dear Client,
The Court fees are levied for filing a complaint under Sec.138 of N I Act based on state-specific Court fees Act and rules. In Maharashtra Court fees of 2% of the cheque amount is levied for filing a case under Sec. 138 of the N I Act. For specific information, you need to consult with a local Advocate for guidance and steps
Cheque bounce
A person gave me cheque of bank which was closed 3 years . What can i do now? Can i file 138 ni case
2 months ago
A. Dear Client,
If you have received a cheque from someone, and it is drawn on a bank account that has been closed for three years, you may face challenges in initiating legal proceedings under Section 138 of the Negotiable Instruments Act. Section 138 specifically deals with dishonor of a cheque due to insufficient funds or if it exceeds the amount arranged to be paid by the drawer's account. However, the closure of the bank account poses a unique situation.
In such cases, it is advisable to cons ...ReadMore
Cheque bounce
A person gave me cheque of andhra bank 3 months ago, when i presented it , i came to know that andhra bank is merged. What are options now? Can i file 138 ni case
2 months ago
A. Dear Client,
Cheques may bounce due to various reasons such as insufficient funds, signature mismatch, incorrect cheque date, disparities between numerical and written amounts, damaged or torn cheques, and instances of overwriting. Additionally, a cheque becomes stale three months after its issuance, rendering it invalid for encashment. It's important to note that a bank merger is not grounds for dishonoring a cheque and does not warrant action under Sec.138 of the Negotiable Instruments Act. In ...ReadMore
Can we proceed to cheques bounce case against lawyer
I have paid money in cash to a lawyer for some work ,she has not done work and she said will be return the money and she has given 3 signed cheques without date and she is keep on telling some stories
3 months ago
A. Dear Client,
While it's challenging without a receipt, you can still take steps to retrieve your money. Document all interactions with the lawyer, including dates, times, and details of conversations. Try to obtain any written communication where she acknowledges the debt. Present the unsigned cheques to the bank, as they may still be enforceable. Consult with another lawyer for legal advice on the matter, and consider sending a formal demand letter requesting repayment. If all else fails, small ...ReadMore
Cheque bounce and DRT
I received a cheque bounce notice with an incorrect mention of my father's name. The bank filed a 138 NI Act complaint based on the same inaccurate information. A bailable warrant has been issued unde
3 months ago
A. Dear Client,
A criminal proceeding under Sec.138 of N I Act initiated by the Bank is not maintainable when recovery of debt proceeding is pending before the DRT. So. to quash the criminal proceedings you have to approach the High Court.
Loan recovery cheque bounce
Hello Sir/Madam, I gave some amount like 40 lakhs to my friend on 2016 via Bank RTGS. And he promised to return me the money with 15% interest. Also he gave me a cheque for 25 lakhs without mentioning
3 months ago
A. Dear Client,
When an individual issues an undated cheque as security against a loan, and there's no formal agreement in place, the recipient or lender holding the cheque has the freedom to present it for encashment on any date by affixing a date. If the cheque is dishonored, the holder can initiate legal action against the drawer under Section 138 of the Negotiable Instruments Act, 1938, within three months from the presentation date. A recent Supreme Court ruling in the case of Sripati Singh v. ...ReadMore
Cheque bounce case civil
Hi cheque bounce case is going on me from dec 2022. Bailable warrant was issued in oct 2022. After that on 1st hearing which held on 22 dec 2022. I present at Rajsthan court. I paid 5000 fine there. T
4 months ago
A. Dear Client,
A complaint filed against a person under Sec,138 of the Negotiable Instrument Act, 1938 is a criminal offense and accordingly a bailable warrant was issued against the person that is typically reflected in police record. So, when the case is pending for trial, as a job seeker you should mention the status of the case in the Police Verification certificate even it affects your career. A stigma of criminal record is waived once you acquited from the charge by the trial court.
Loan default
Hi sir m from Surat Mera personal loan hai 3,20lkh and 3.30 lakh ka same bank se par 3 month se job nai hai to bhar nai paaunga to blank cheque liya hai Agar 138 ka case hua to kya Karu Mai rent pe
4 months ago
A. Dear Client,
When a person issues a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal case against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented ...ReadMore
Cheque bounce blackmail case
Hello sir, My dad had given signed blank cheque without date to one of his friends 3 years back. Now duebto some personal issue his friend is blackmailing him and has filed a fraud case stating he is
5 months ago
A. Dear Client,
When a person issues a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then 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 ...ReadMore
Personal Loan ESC bounce
I have 3 PL from CRED app lending partner IDFC, (who will take legal action & 3 case or 1 case) i missed 2 EMI and i don't have money to pay, what the bank will take legal action, if they file ECS bou
5 months ago
A. Dear Sir,
In many cases ECS bounce cases are being filed to give trouble to borrowers. You may approach High Court and get a stay.
