Not returning the cheque
I borrowed 4 lakh from my neighbour and gave a cheque as proof. I've returned the money within 1.6 years in bits and pieces as cash. Like 1 lakh Cash in a month 30k in other month 50k in one month etc ...
I borrowed 4 lakh from my neighbour and gave a cheque as proof. I've returned the money within 1.6 years in bits and pieces as cash. Like 1 lakh Cash in a month 30k in other month 50k in one month etc ...
Dear Client,
If you have repaid the loan amount of Rs. 4 lakh to your neighbor in cash over 1.6 years, it is crucial to gather all possible evidence of these payments, such as bank withdrawal slips, any written acknowledgment from your neighbor, or witnesses who can confirm the cash transactions. According to Section 138 of the Negotiable Instruments Act, if your neighbor deposits the cheque and it bounces, he may file a case for dishonor of cheque. However, you can defend yourself by proving th
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I sent a cheque bounce notice to a party which returns back undelievered with remarks "Addressee can not be located ". What to do now? Will court accept the complaint ? When can i file complaint ?
Dear Client,
When a cheque bounce notice is returned undelivered with remarks stating the addressee cannot be located, it indicates difficulty in serving the notice. In such cases, it's advisable to make reasonable efforts to locate the party by alternative means such as contacting known associates or checking updated contact information. Document all attempts made to locate the addressee as evidence of due diligence. According to the Negotiable Instruments Act, you can file a complaint in court
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Bail karane ke liye required documents
Dear Client,
To obtain bail in India, you typically need to submit several documents. These include a bail application stating the grounds for bail, a copy of the FIR (First Information Report), and an affidavit affirming the details mentioned in the bail application. Additionally, you may need to provide identification proof, address proof, and surety documents if required by the court. The bail process is governed by the Code of Criminal Procedure (CrPC), which outlines the procedures for gran
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My name is Prashant Sharma, and I am seeking your expert legal advice regarding a financial dispute I am currently facing. A known person from my village borrowed money from me, claiming he needed it ...
Dear Prashant Sharma,
Regarding your financial dispute, it is crucial to take strategic legal steps to ensure recovery and strengthen your case under Section 138 of the Negotiable Instruments Act. Here is my advice on the actions you should consider:
1. Legal Steps to Recover Money:
- Continue with your case under Section 138 of the Negotiable Instruments Act, which deals with the dishonor of cheques. This section provides a robust legal mechanism to recover your money if the cheque has boun
I sent a cheque bounce notice to a party which returned back with remarks "Addresse left without instructions ". When can i file complaint in court ??
Dear Client,
When a person issues a post-dated cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque is free to present the same for encashment on any date 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
Respected Sir Please help me by your valuable information,I will be grateful to you all my life. Difference between summary suit for recovery of money and cheque bounce case ..In case of Cheque Bounc ...
Dear Client,
When a cheque is bounced or dishonored, the holder can decide to institute either civil or criminal proceedings against the drawer. In order to institute criminal proceedings, the holder can file a criminal suit under Section 138 of the Negotiable Instruments Act within three months from the date on which it was presented in the bank wherein the defaulter shall be punished with imprisonment up to 2 years and a fine of up to twice the amount of the cheque Further, order 37 of CPC dea
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Question 1. In case of Cheque Bounce or money recovery Plaintiff can file Summary suit under ORDER 37 of CPC?
Dear Client,
Order 37 of CPC deals with summary suit and procedure for negotiable instruments. The negotiable instruments under the said provision include bills of exchange, hundies, promissory notes, guarantees, and invoices. Since a cheque is defined as a bill of exchange under section 6 of the Negotiable Instruments Act, the money recovery for a cheque bounce case can be decided under the said provision. So, if you want to impose civil liabilities on the defaulter for the cheque bounce, then
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Instead of returning of my payment. He instructed bank stop payment of cheque. Can produce again that same cheque if date of filing NI under 138 act over but cheque date of 3 months not over
Dear sir,
You may first get issue cheque bounce notice within limitation otherwise you avail condonation delay provision.
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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
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I had given a post dated security cheque of Rs 1,50,000/- to a person and agreed to pay him 10,000/- monthly for 15 months. Accordingly I paid him 6 installments before running into a financial crisis ...
Dear Client,
In case the person has misused the cheque and issued a notice in that regard, you need to reply to the notice accordingly. Further, a cheque bounce case cannot be closed without a trial. If you want to close it at the beginning, then you can approach the High court and seek to quash such criminal proceedings under Section 482 of CrPC by providing evidence for misuse of cheque and breach of trust. You can also file a suit for criminal breach of trust under Section 405 of IPC. If requ
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A cheque was given to a person who claimed an investment expert & promised me return of investment amount with profit in 5 days .Fund transfered into his bank account via IMPS. On date of he shou ...
Dear Client,
Currently, cryptocurrency trading isn't regulated by specific legislation in India, but it's also not illegal. Victims of cryptocurrency scams can report them through the National Cyber Crime Reporting Portal. If suspicious activity is noticed, contacting the exchange's customer service is recommended. Once reported to NCCRP, investigations begin, with the time frame varying depending on the case's complexity and resources. Cryptocurrencies are classified as virtual digital assets
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