icon Cheque Bounce - at around 3Lakh is bounced due to insufficient funds

Cheque valued at around 3Lakh is bounced due to insufficient funds. This is despite promises made by the payee to have funds. Money has been due and promised for over 6 months and the PDC issued bounc


A. Dear Sir,

Cheque bounce FAQs Negotiable Instruments Act
1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?
Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation - 20% - Without depositing this amount the accused cannot defend the case.
Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction
The Appellate Court may order the appellant to deposit an amount which shall be a mi ...ReadMore

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Send legal notice for bounced cheque

I paid extra 52k to the decorator, but it's been a year now the person is dodging me, this month he gave the cheque but it was bounced due to insufficient funds. Therefore, I want to send a legal noti


A. Dear Sir,

It is long process to recover above small amount because lawyer may charge you Rs. 3000 to 5000 and there after you have to file cheque bounce case and it may require 2 to 3 years to dispose.

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Subhashis  Paul

Subhashis Paul

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

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 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 My father is facing 15 cheque bounce cases against him and more can happen due to business loss and bad decisions in the past.

My father is facing 15 cheque bounce cases against him and more can happen due to business loss and bad decisions in the past. We have no money to pay such a huge debt and business is also not working


A. Dear Sir,
You may file a case before High Court to transfer all such cases to one Court and to be tried on single hearing basis to avoid unnecessary trouble to your father.

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icon 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.


A. Dear Sir,
It has to be filed only before High Court within sixty days from the date of receipt of certified copies.

I could have explained more if background is known to me. If background is made known in full then legal experts will be in position to understand correctly. Moreso, the background must be in brief.

Please give me FIVE STAR if satisfied by my answers.

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icon 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


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.

I could have explained more if background is known to me. If background is made known in full then legal experts will be in position to understand correctly. Moreso, the background must be in brief.

Please give me FIVE STAR if satisfied by my answers.

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icon 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?


A. Dear Sir,
It is a criminal case as such no court fee and stamp duty will attract except advocate fees.

I could have explained more if background is known to me. If background is made known in full then legal experts will be in position to understand correctly. Moreso, the background must be in brief.

Please give me FIVE STAR if satisfied by my answers.

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icon 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


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.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya