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Sir i have sold goods to a customer in invoice.He issued a cheque against purchase.The date mentioned on cheque was 08.04.2018. but i presented the cheque in bank on 28.05.2018 and cheque bounced on same day.Today date is 05.08.18.Can i file a cheque bounce case against him?

A. Dear concerned,
The time limit to file a cheque bounce case is 30+15+30 days, i.e. legal notice to be served within 30 days of receiving cheque return memo, payment to be made by the defaulter within 15 days of receiving the notice and complaint to be made within 30 days starting from the day on which the time period of 15 days elapsed. Although you have not complied with the above-stated time span, still you can file a cheque bounce case u/s 138 of the NI Act because proviso to clause (b) of sub-section (1) of section 142 of the Act empowers the court to take cognizance of the complaint even after the prescribed period. For more information, you should hire a legal practitioner from the Vidhikarya platform having specialization in cheque bounce matters.
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Prabhakara S K Shetty
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Rajeev  RJ
Rajeev RJ Experience: 17 Year(s) Thiruvananthapuram
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Anonymous

Posted 1 year ago

Hi, my name is Gangadhar i paid sum of rs 100000/- by cash to my village known person, for personal use purpose as security i take one sign cheque from him. but now he not return back the money iam asking several time no respond. can i fill the case aganist him what is process and fee of legal and etc after filling the case that case favoring of me or what please suggest

A. deposit cheque in bank. once cheque is returned to you then send legal notice through lawyer but don`t use the words that the cheque was issued for security, the notice should state that he issued it instructing you to fill that date and promising that it would be honoured.
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Hi , I booked a flat on Aug-2011 in Noida and take the mortgage home loan from bank and bank paid the all home loan amount in favor of builder. Possession not given till yet which was given on Dec-2011 and stopped the construction. Builder absconding.. Builder office closed and not reachable. we paid the pre EMI till next 3 years after that we didn't pay the Pre EMI.. because i was not sure builder will give the Possession... Bank take blank cheque from me at the time of loan disbursement.... Bank fill the cheque with whole amount without my consent..and cheque bounce.. and file the case against me.. i told to bank i will pay all EMI after getting the Possession or you can take property... I told to bank loan amount goes to builder account... I don't know what i do? I havn't faulty.. I heard and study, there are no consumer liability pay the loan before Possession... I can pay EMI after getting Possession or can surrender property. Please suggest in this case what i do?

A. you need to file a criminal complaint against the builder for criminal breach of trust u/s 406 and cheating u/s 420 of IPC . also demand compensation and damages with cost
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GANESH  SHARMA
GANESH SHARMA Experience: 3 Year(s) Faridabad
ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Mohd Imran
Mohd Imran Experience: 4 Year(s) Faridabad
I filed a case u/s 138 N.I.Act where cheque issuer declared as P.O. Now the person(accused) is trying to get the bail from session court for some other case (same type). Can I oppose his bail in that case by giving reference to P.O. order of my case . If yes, what is the procedure.

A. On being declared as PO, punishment is 3 years or fine or both. Further offence under section 174 IPC can be registered against PO’s extending it to 7 years or fined or both. Harboring PO is also an offence under section 216 of IPC with jail up to 7 years in certain cases.

Primarily police officer of police station of which he is a resident. However any police officer with or without courts order can arrest. Also any private person can also arrest and forward the PO to Magistrate.

Oppose bail and obtain order of his arrest
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Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
GANESH  SHARMA
GANESH SHARMA Experience: 3 Year(s) Faridabad
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