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Anonymous

Posted 3 months ago

If someboday give me cheque with future date, n if there is no money in his account than wat action can be taken ? Which case i can file ? Is this criminal case ? Is it necessory to remain present in court while hearing?

A. YOU CAN FILE 138 N.I. ACT. CASE.
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Anonymous

Posted 4 months ago

Dear sir, I had taken a loan from home credit India pvt ltd company. I can paying my emi s on time from 3Jan 2019. But 3 months back I had an accident, so I have injured I cannot pay 2 emi s before this month. The collection agent can contact me and paid this month emi. I can say to him I can pay due emi s as well as soon, but today I have revived a notice from there lawyer that means consult the office for an amicable settlement. What can I do now?

A. Dear Sir,
You may either go for settlement or they may take extreme steps to recover the loan amount.
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Anonymous

Posted 4 months ago

Threat by icici bank to file criminal case under section 138

A. Dear Sir,
Yes, it has every power to file such cases but you may approach High Court to get a stay under Section 482 of Cr.P.C.
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Adv. Jamal Sait
Adv. Jamal Sait Experience: 8 Year(s) Bangalore
ARSHAD ALI ZAIDI ADVOCATE
ARSHAD ALI ZAIDI ADVOCATE Experience: 2 Year(s) Saharanpur
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna
My father started a construction business in Delhi in 2011. He took a lot of money on interest from money lenders. The interest varied from 1.5% to 5% per month. In exchange for the money, my father has issued cheques as security. These cheques had only money amount on them and no date and in some cheques, there is no money amount as well (which I think was very stupid thing to do). After demonetisation, our business started falling down drastically. As of now, we have absolutely no work, no money and no respect in society. People are threatening my parents. The total amount of debt is upwards of 1.3 crores (total interest that we have paid is 1.45 crores, which is mind boggling) and I do not see any way of servicing the debt. We are financially and emotionally bankrupt. So much so that I am sending my parents their monthly expenditure since they can't even arrange that. My father never had any malicious intent of not paying the lenders. It is just that we are left with money now because of some bad business decisions. I have absolutely no clue what to do. My father has been working since he was a child. I just want him to live peacefully now and I am failing to do that.

A. Dear Sir,
Get issue a legal notice to return back all the undated cheques and also lodge complaint with police commissioner and see that all such undated cheques are immediately seized.

Please contact through the administrators of this website.
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Anonymous

Posted 4 months ago

I have pending my emi . loan department provide 138 s. Case How can i solved

A. Dear Sir,

Need to speak with the party and try to resolve mutually. Otherwise need to consult with the lawyer.

Thanks

Adv. Satej More
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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 10 Year(s) Nagpur
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
ask_a_question

Anonymous

Posted 5 months ago

How Can I win the case? if I lend 5 lac against his signature cheque but I was cheated by borrower because before given me cheque he lodged fir for missing cheque into police station & also inform the bank for stop payment against this cheque.

A. Dear Sir,
No matter even if he lodges complaint, you can bounce the cheque and file cheque bounce case and get the amount back as there is presumption under law. The FAQs are as follows on this subject.
==========================================================================
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% - ...ReadMore
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Anonymous

Posted 5 months ago

I have lost my blank cheque with my valid signature on the cheque now somebody has misused the cheque by entering more amount and now the cheque is bounced. Can they file a cheque bounce case on me ?

A. if that person is known to you then yes, he can file case against you, otherwise he has no case against you.
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Suneel  Moudgil
Suneel Moudgil Experience: 16 Year(s) Panipat
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Khansaeed  Pathan
Khansaeed Pathan Experience: 11 Year(s) Beed
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Anonymous

Posted 5 months ago

Please help me... I had joined & completed a chitti of 3 lakh Rupees 3 years ago but still this time that party not given that amount. Finally under my pressure, he had issued a post dated cheque (Dated 25/11/19) Now it's come to my notice that the party and his wife left to Italy three months ago after issuing the above post dated cheque. They have owned house and lands here. It's my doubt Cheque date is 25/11 ...in this date the party is not in India. Please help me in this case..

A. Hello, I have gone through the brief facts detailed by you. You will have to present the cheque in order for it to get dishonoured. You can then continue to file a case u/s 138 of the Negotiable Instruments Act for dishonour of cheque. Please get in touch with me directly for detailed advise on the procedure to be followed after you present the cheque. Kindly note that once you have present the cheque, strict timelines have to be followed, and hence I advise you to get in touch well in time.
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Hi, i had a court summon hearing on 20th November u/s 138 but couldn't make it so just wanted to know whether any arrest warrant against me had been issued by the court yet?

A. It will be easy for me if you mention the case no. or pic of summon. Possibility is that bailable warrant has been issued.
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Akram Raja  Msk
Akram Raja Msk Experience: 2 Year(s) Thoothukudi
Advocate Upadhye & Associates
Advocate Upadhye & Associates Experience: 9 Year(s) Pune
Sarika
Sarika Experience: 6 Year(s) Pune
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Anonymous

Posted 6 months ago

Hi, I am kumar here, there was a cheque bounce case on me, I have been served with NBW, later I went and surrender in front of Megistrate and I have been sanctioned a bail, later my case was on trail, after one year both petitioner and my self compromiseed and I agreed to pay 3.5 lakhs outside court , till now I have paid 2.5 lakhs and there is balance of 1 lakh to clear, I have failed twice to pay banlce 1.lakh, now my lawyer also supported my petitioner and telling me that again NBW has been issued for not keeping the commitment , since my lawyer also not supporting me in getting extra time to repay. My question is that after paying 75% of the agreed amount to my petitioner, is there any chance to issue NBW again??

A. Dear client first off a I would like to clear one thing that the NBW is issued only to secure your presence, not for repaying money. NBW issued only when you are absent for the court date or your advocate failed to apply for your presence exemption for that date. As you have already paid 75% of cheque amount, then you can directly asked Hon'ble court to grant some more time to repay the amount, the cheque bounce case is compoundable therefore it will be settled.
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