Customer bounced his cheque
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 s
5 years ago
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 su ...ReadMore
Gopal Bansal
cheque
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 as
5 years ago
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.
Deepak Yashwantrao Bade
prasad prakashrao Patil
Deepak Yashwantrao Bade
Cheque Bounce against home loan
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-20
5 years ago
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
Deepak Yashwantrao Bade
GANESH SHARMA
ROBERT D ROZARIO
Mohd Imran
P.O. declared by court not try to get bail in other case
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
5 years ago
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 bai ...ReadMore
ROBERT D ROZARIO
Ambrose Leo
GANESH SHARMA
Reg: Respondend address not trece
Dear Sir, This is Shiva, I have put cheque case in local court in last year. The Lawyer send the semence to address which is in bank pass book. But the problem is the total family is is upscand
5 years ago
A. if that person is not traceable then you cannot get the summons served on him, and without that your case will not progress. If the amount is quite high there are methods which I can not disclose here. Another method is to file a civil suit place him ex-parte and get a decree and go after his property.
GANESH SHARMA
Home loan
A flat was mortgaged by ICICI bank and total loan amount was disbursed to builders account, I was paying emi’s Regularly but I stopped paying them when I come to know that same flat was sold to othe
5 years ago
A. Bank can not do like this since the property is already mortgaged as collateral security. Bank can recover dues by selling the property mortgaged. Filing case under the NI act are nothing but blackmail. Hire a good lawyer to contest your case
GANESH SHARMA
Viswanath M K
FIR against Procalimed offender
I filed a case under section 138 in which court declared P.O. to the cheque issuer and police is not registering FIR on the basis of P.O. What the procedure in that scenario.
5 years ago
A. IF police is not able to find him then file a application to the concerned magistrate for registering FIR u/s 174-A. How long he has been declared as PO
GANESH SHARMA
Mohd Imran
Vimlesh Prasad Mishra
Neeraj Kumar
Two case act 138
Sir Maine ek case dayar kia act 138 ke tahat ..abhi doshi ko dono case agar saja hui suppose do sal har case to kya vo total 4 sal ki saja bhugtega ya do sal ki...or saja bhugtne bad rashi ayegi ya n
5 years ago
A. If is sentenced to two years in both cases than it is upto court to decide whether sentece would run consecutively or simultaneously.
As far as recovery of amount is concerned you may recover it u/s 421 CrPC.
But if he nothing in his name than recovery is not possible
Mohd Imran
Ramalingaiah Mulakatte
summery suit recovery
sir, madam mera check bounce hokar 7 months ho Gaya hai mere pas stamp deuty bharne Ki takat nahi hai na back sappourt hai mujhe ek sarkari lawyer Ki zarurat hai plz meri Help karen
5 years ago
A. Which place do you reside
GANESH SHARMA
Mohd Imran
Manjula Shanmugasundaram
Bank deducted my balance falsely
Sir my bank has deducted money falsly from account, telling that they got an technical defect with their software, but for them my 3 bajaj fin cheques has been ECS bounced,and I have been fined by baj
5 years ago
A. You must issue a legal notice through a lawyer to the concerned branch and to its head branch stating all the facts and circumstances in details asking them to pay you damages and compensation. If they does not pay heed than file a comsumer complaint before the consumer forum. Hire a good lawyer
Mohd Imran
Rajeev RJ
Vimlesh Prasad Mishra
Ambrose Leo