icon Nidhi

I am an employee , head of marketing in a corporate company was made aurthorised signtory along with ceo in 2015 . Now cheque has bounced and case is on in sect 138. I am not a finance guy and used to


A. Hi,
You can argue that you were unaware of the company's finances and as such, are not liable for the same. The punishment will be given to the company as it is a legal entity.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon Cheque bounce

I am in hospitolaty line. One of my customer paid cheque for his stay but later i found that it has insufficient balance. So i called him up and he didnt pay. How can I get my money as he always promi


A. Hi,
According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Mansi  Batra

Mansi Batra

DIYAVARHUSSAIN  SHAIK

DIYAVARHUSSAIN SHAIK

icon Condonation of Delay for 138 cheque bounce case

Condonation of Delay for 138 cheque bounce case, my advocated has done fraud, taken my money and file for filling 138 case for cheque bounce, 1 year he wasted time, 2 times in 3months cheque valid tim


A. You can file along with delay petition, due to unforeseen pandemic situation, I'm unable file within limited period.

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Latest Response 3 years ago
Advocate Niyas  Fazal A

Advocate Niyas Fazal A

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon recovery suit

before filling recovery suit, what action does recovery suit takes, how to find out property of fraud person who has given cheque, after filling recovery suit, if property is not attached then i have


A. Dear Sir,
Just file recovery suit and attached his properties on the first day itself to safeguard your amount and parallel to it you may file cheque bounce case.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon 138 NIA

NBFC has filed 3 different case for a Single loan taken by me. They have filed these case in Gurugram court and there are theree different case foe a single loan. How can i defend this.


A. Hi,
You can bring this to the notice of the magistrate, so that he can take action accordingly.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon Cheque bounce

How many fees taken by lawyer for making case against cheque bounce in the court


A. Hi,
The fees depends on the cheque amount against which the complaint is being filed in the court. It It will also vary from case to case and from lawyer to lawyer.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon Cheque bounce

Need a suggestion on cheque bounce


A. Hi,
If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate's court within a month of the expiry of the notice period.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

VENKAT  RAGHU RAMULU

VENKAT RAGHU RAMULU

icon Advocate Zakir Ali from has cheated me

since 1 year Advocate Zakir Ali wasted time , i year back 2 time i have done cheque bounce to file 138 case, he has taken 14 thousand and not filled case, always tell lie, he some or other work he is


A. Hi,
You can file a case against him, if in case he has failed to perform his job.

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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon date of check valid 3 months after cheque is issued

i have done cheque bounch and send notice also, advocate who has send notice since 1 year he has wasted time and not file any case, so i wanted to take case from him and give it to new advocate, but d


A. Hi,
If the cheque was valid for only 3 months, it would be invalid if you instituted a cheque bounce case now. However, you may still initiate a civil money recovery suit against them.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Cheque bounce

Sir , cheque was issued in the month of Feb 2020 . And it was bounced . Due to lockdown I am unable to take action. But I will send a notice in this time. So, I will take legal action against him in


A. if you have already sent the notice then you are covered under the exemption of limitation. don't wait further time to institutie legal action.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal