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ask_a_question

Anonymous

Posted 9 months ago

A giving amount of cheques at the time check will be not clear due to insufficient fund what is possible action we should take to the sender please suggest

A. First of all you will serve legal notice within the stipulated time i.e 30 days from the date of dishonor of the cheque and 15 days time will be given to repayment of aforesaid cheque amount, after completion of the said period you will file case u/s 138 of N.I Act.
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Dhrubaraj  Bhowmik
Dhrubaraj Bhowmik Experience: 5 Year(s) Kolkata
Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna
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Pankaj Kumar

Posted 9 months ago

I have a builder buy back letter of toatal amount.ihave bounce cheque.but 8month ago.now fresh cheque has bounce.what can ido

A. Immediately you serve a legal notice u/s 138 NI Act & wait for 15 days , if no response from the party / not paying dishonor cheque amount after that you proceed for Cheque Bounce case U/s 138
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Suneel  Moudgil
Suneel Moudgil Experience: 16 Year(s) Panipat
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
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Anonymous

Posted 9 months ago

Educational payment to educational agent is legally or not?# free legal advice

A. pls elaborate
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Shasha  Jain
Shasha Jain Experience: 2 Year(s) Central Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
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Anonymous

Posted 9 months ago

Dear Sir, actually my office staff had took a personal loan from some where, and he taken two cheques from me for a security, and give me a promise that, he will return my cheques as safe mode(without deposit in bank). On later my coworker has resigned from their job and the third party is going to case against me.

A. You are the surety here and there is no escape.
You either need to make your staff pay or else you become liable.
Consult me for full and in depth talk through Vidhikarya.
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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Abhishek  Srivastava
Abhishek Srivastava Experience: 3 Year(s) Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
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Prashant Pandey

Posted 9 months ago

Court asks to provide address of accused (person against whom summon is to be issued) from plaintiff(person who is filing case against accused). How can a plaintiff know the correct address. A criminal won't stay at his/her address after committing crime. He/she would run here and there. How to send summon in that case. I have mobile number of the accused and email id. Its responsibility of court/police to find accused. Police can track the address with mobile number. Its a cheque bounce case. The accused is in different state and case is registered from another state where the bank is located.

A. There are various methods of servicing summons.

1. Send summons through post to his address and work place
2. Secondary Modes of service by way of Email or affixing the summon on a conspicuous part of the premises.
3. Paper publication

If in-spite of this he does not appear there are chances of Ex parte order or else warrant shall be issued. If warrant fails then proclamation can be issued.
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Ravindra Kumar Dohare

Posted 10 months ago

Unimax company ka malik lal singh kachwah kidwai nagar kanpur ka rehne wala hai do saal se gayab hai aur sare office band kar diye hain aur kai logo ko band khaate ki check kaat kar di hai court se case bhi kiya lekin koi notice received nahin kar raha hai 22 office khole the head office mall road kanpur me banaya tha sir please koi upai bataen sabka paisa nikal aae abhi mere paas ek bhi paisa nahin hai aur customer jinhone jama kiya tha wo humko paresan kar rahe hain aur paisa maang rahe hain himself meri thodi si aap help kar dijiye Ravindra Kumar dohare
ask_a_question

Anonymous

Posted 10 months ago

Sir ek company malik ne close account ki check kaat kar di uska kya karna padega 2 saal se gayab hai pata nahin chal raha hai uska mujhe aapki help Chahiye Ravindra Kumar dohare

A. Pehle to aap ye bataye ki aapko kaise pata chala ki ye cheque closed account ka hai?
doorsi baat ki agar wo 2 Saal se bhaaga hua hai, to apnee ahi tak koi police compliant ki hai kya?
aapki query mey bohot details missing hai.
Aap dobara poori details ke sath query kare.
Thanks
Adv. Mrighankhi Chakraborty
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J S  Pawar
J S Pawar Experience: 4 Year(s) Mumbai
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Ramesh issued a cheque in favour of Ravi Rs. 400000/- dated 10th May 2018. Cheque No. 462512. This cheque has been stopped by Ramesh due to anomaly in schedule property. Later compromise petition where filed by Ravi (plaintiff) and case has been settled in Lok adalath on 20th July 2018. In compromise petition above cheque has been mentioned without Ramesh consent as follows, " Rajesh (defendant 1) received Rs. four lakhs by way of cheque No. 462512 from Karthik (defendant 2)". on 22nd July Ravi presented the cheque in bank. Cheque has been returned without payment citing the reason insufficient fund. But Ramesh has sufficient fund on 22nd July. Later Ravi issued legal notice to Ramesh under section NIA 138 for cheque bounce. Ramesh replied citing the reason that new cheque will be given as per court order in favour of Rajesh. Otherwise Rajesh need to give the consent witness to receive the new cheque in favour of Ravi. Ravi without reply has filed CC against Ramesh. Now question to panel is whether cheque given in name of Ravi for sale agreement can be used in comprise petition for different person Rajesh. Now whether Ramesh is liable to Ravi or Rajesh?

A. All depends upon the facts & circumstances of the matter, if it is ok then go for trial or file petition before the Hon'ble High Court to quash the said case
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Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
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Deepak Chanchlani

Posted 10 months ago

I entered into Franchise Agreement with Co. ABC Pvt Ltd. They collected Franchise Fees postdated cheques in the name of Co.XYZ LLP. All postdated cheques pertaining to Franchise Fees were honoured. But I stopped postdated cheque for service tax as ABC Pvt Ltd. refused to issue invoice . Neither XYZ LLP issued any invoice for Franchise Fees cheques collected. XYZ LLP took us to Court now for sec 138 relating to Cheque bounce. In their Evidence affidavit filed yesterday XYZ LLP mentions its a LLP company responsible to look after the work of Company ABC Pvt Ltd . Whereas we have not signed any type of agreement with XYZ LLP. Am I liable to pay XYZ LLP since I have no business relationship with them. Also can I claim back the Franchise Fees from XYZ LLP as I had no business relationship with them and out of ignorance I issued Franchise fees cheques to XYZ LLP as instructed by ABC Pvt Ltd.

A. Contact me through Vidhikarya.
Thanks
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Anonymous

Posted 10 months ago

Sir /Medan, mere khilaf 138 ka case chal raha hai or mene revision file Kar diya hai jo abhi pending mai hai or mere 138 mai Nbw Kar diya hai but mene 138 case ke khilaf mene 379 bhi Kar diya hai.. Ab mujhe kya karna chaiye..

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