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Anonymous

Posted 7 months ago

Hai sir my father given blank cheque for security purposes. and my father is not with us and we are in mom's Father house. it happened 10 years ago.. but now from past one year police are coming asking us Wer is ur father. Cheque given by him is bounced and Calling us 'if you won't tell we will acquire ur house' like this giving torture sir... Actually cheque given 10 years ago now they are enquiring sir... We didn't get any notice also.. I have a doubt this things are doing by some other people or what... can u please advise me sir.....

A. Dear Sir,
Yes, there is some mesh in the above issue. Please find out any cheque bounce case was filed against your father. Properties cannot be attached that easy.

For full procedure contact me on mobile through Vidhikarya.
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Please visit the following link.

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Prabhakara S K Shetty
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Sanjay Kumar Jha
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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
I had sent cheque bounce intimation but the same has been returned undelivered. What next steps I should take. Please advise.

A. Dear Client,
You have already been sufficiently advised.
Do the needful
Shanti Ranjan Behera
Advocate
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Vijay Mukesh Bhatia
Vijay Mukesh Bhatia Experience: 20 Year(s) Panipat
Sunil Kumar  Singh
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Lender(1st party) gives loan to Borrower (2nd party) via a cheque which deposited in my account and I gived security cheque to lender as per agreement but as it is mentioned in the agreement that if security cheque will get bounced then Borrower will be responsible for that But still lender filing case against me under section 138 of NIA and 420 of IPC I am student preparing for government job and not enough rich so how this case will effect my carrier and what should I do

A. Dear Client,
If there is writing agreementthat you will not be held liable for post dated cheque then in that condition court may release you from such liability, and you shall not be held liable by court.
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Shreyash  Mohta
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Tushar Nehete

Posted 8 months ago

Dear sir, I have few queries. I will be thankful to you if you clear my following doubts. 1)What is better: to file two separate complaints or one combined complaint for cheque bounce u/s 138 NIA and 420 IPC? What are pros and cons of both? 2) Is it mandatory to first file police complaint under sec 420 IPC and only if it rejects to take it then and then only one can approach the court of law? or one can directly complain to the court? Can one directly file a private complaint case to the court instead of requesting it to order the police to register the FIR under CrPC? 3) If an FIR is filed with police for cheating, can the complainant hire a private lawyer instead of or in addition to public prosecutor? 4) What's better in case of sec 420 IPC complaint in cheque bounce: to file FIR with police and leave it up to the state or file private complaint in the court and hire a private lawyer? 5)Should one file a criminal case u/s 420 IPC after he loses the 138 NIA battle? Will it make any sense? 6) What legal action can be taken by the accused against a complainant who lost the case in the court of law for cheating u/s 420 IPC for cheque bounce and 138 NIA? What can be the punishments? 7) Can one file recovery suit in the civil court and consumer forum simultaneously in a cheque dishonour case? Or only either of the two? 8) If criminal court orders two times fine to the accused u/s 138 NIA, is the amount given to the complainant? If it is given to him can he also get the amount once more from a civil recovery suit won? And also from consumer forum the third time if simultaneous CPA & CPC proceedings are allowed? Will it not be an injustice to the accused? 9) Is it necessary for the complainant to mention in every complaint details of other fora or courts in which he has filed complaints before this for the same same cause of action and current status of those cases i.e. pending, lost or won etc? Thanks. -Tushar Nehete Law student, Jalgaon.

A. Dear Mr Nehete,
1.It will be better to have one provided it is linked to cheque bounce.
2.Both the options are open.The choice is yours.
Shanti Ranjan Behera
Advocate
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Anonymous

Posted 8 months ago

I have given loan to one of my friend and I took a cheque for security purpose but she refused to pay and just after that she changed her home. I don't know her new home address. Is there any legal action can be taken against it ??

A. Dear Sir,
Get the assistance of Private Detectives to trace out the address and then proceed.

Cheque bounce FAQs
1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?

A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:
a) Place of drawing of the cheque,
b) Address of bank where cheque was presented (holders bank address),
c) ...ReadMore
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Sunil Kumar Singh Experience: 17 Year(s) Kanpur
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Anonymous

Posted 9 months ago

This is for my friend. In cheque Bounce case he had been convicted and he has gone for an appeal in session court. In his case, due to not attending the case regularly his advocate could not able to submit any evidence for his support inspite of having the counterfoil slips of deposited amount and a cheque bounced for lesser amount returned by the opposite party has not been submitted to the honourable court I mean lower court. My question is is there any chance in the higher/ session court to submit the same for arguments

A. Dear Sir,
In the appellate court you try for remand to the trial court if successful your friend can get produce the documents and get acquittal. Approach a good lawyer otherwise conviction will be confirmed it is dangerous law.

For full procedure contact me on mobile through Vidhikarya.
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Srinivas J

Posted 9 months ago

Sir i attend 6 times on the court against my check bounce case so i cant attend court today And am a accused So what will happened today if i didnt attend the court

A. Dear Client,
It will be better if you ask this question to your conducting Lawyer/Advocate.
If you do not get any answer then get in touch with me I will answer.
Shanti Ranjan Behera
Advocate
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Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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laxman pawar

Posted 9 months ago

i have want to recover may money with may friend he give to me blank cheque and he is account balance is insufficient he talking with me on phone i will give your money this week and next month i think he fraud me

A. just file cheque bounce case
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Abdul basith

Posted 10 months ago

Sir, I paid 16000 job agent in Chennai for getting job but it's already 6 months, he not arrange any job and not return my money also, he gave one cheque 16000 rupees, but cheque bounced, please give me solution for this case. Thank you so much.

A. A cheque bounce case can be filed.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Dear sir i want legal help as one person is not returning my money back as he has given me PDC , he has given me date 15 dec 2018 to return the money and now extending the date again and again Kindly give me best advice and your charges to handle this case , Sanjeev 9312372110

A. Dear Mr.Sanjeev Kumar,
Share the details of the case history and your location and fix up an appointment through vidhikarya.com
and I will let you know what to do next.
Shanti Ranjan Behera
Advocate
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