icon Conditions of Bail in N I 138 Case

Conditions of Bail in N I 138 Case in chandigarh


A. Dear Client
for getting bail in NI 138 case or cheque bounce case the accused/opposite part has to be appear in front of the Magistrate and seek bail by depositing the required surety as directed by the Ld. Court. And once you have availed the bail then ensure to be present on every date so that it does not get cancelled.

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icon Recovery related-I am business woman

Ulhasnagar I am business woman we are interior design firm . I deal with furniture and modular kitchen work with mrs.vidya patil dombivli the question of work is 309000 but Vidya patil only paid us 26


A. Dear Client,
Since you had a contract with them so you can sent them a legal notice through a lawyer for recovering of the due amount followed by filing a civil case in the local civil court.
As far as criminal complaint is concerned, if you have the contract documents then you can try to file a cheating case with your local police station.

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Vaidehi  Samant

Vaidehi Samant

icon About check and stam case

We have given a check and stamp paper to someone 2 years ago....He is asking to put the cheque ….we have given the t case money.


A. You should have paid the money in cheque rather than in cash. No need to worry. Tell him to keep it in showcase. If you so concerned you may send a legal notice through a lawyer stating that he is not returning the stamp paper and cheque and that you have already paid him the money.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Timeline for Criminal case on Cheque Bounce

Builder failed to register a property after paying the amount and given cheque after many follow ups. As usual cheque bounced but he is paying at his leisure after continuous followups and sending leg


A. As you have already sent legal notice you should have filed a case of 138, but now you can file a summary suit for the same. You can file a criminal case now also and the charges would vary from Advocate to Advocate and city where your property is located.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

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

icon 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


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.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon 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


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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Latest Response 2 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Sidhaarth  S

Sidhaarth S