section 138 of N I Act
Does Joint Bank Account Holder Can Complaint Individually in Cheque bounce case? The Cheque is written on 2nd holder name and Complaint did file by 1st holder. Does it Maintainable ?
Does Joint Bank Account Holder Can Complaint Individually in Cheque bounce case? The Cheque is written on 2nd holder name and Complaint did file by 1st holder. Does it Maintainable ?
Dear Client,
In the case of the issuance of cheques from joint accounts, only the person who signs the cheque can be prosecuted in a cheque-bouncing case under Section 138 of the Negotiable Instruments Act. When an individual signs a cheque is drawn on their own account to settle a debt or obligation, and the bank subsequently dishonors the cheque, it constitutes an offense under Section 138 of the Negotiable Instruments Act. Sec 138 does not explicitly address joint liability. In cases involvi
I blocked the cheque because before the cheque date I paid the amount
Dear Sir,
Irrespective such endorsement issued by the Bankers to the other party he can get issue a legal notice and file cheque bounce case against you. Better approach Police and get back your cheque since you have paid entire amount.
Other Responses
In 2023 I received summon from court regarding the registration against me on Feb 2017,, I was unaware of the case until I got the summon 318 NI act, the amount we took was 50000 and we made settelmen ...
Dear Sir,
Without contesting the cheque bounce case if it is pending you cannot close it summarily unless other party agrees for it.
Other Responses
Now, my Advocate frequently asks for unwanted money. Even when I asked to hand over the Case Brief, he asked for some unnecessary fees I had already paid earlier. Even for some of the cases he has not ...
Dear Client,
Typically, such type of conduct on the part of an Advocate may be considered professional misconduct once a complaint is filed against the Advocate by the litigant/client under Section 35(1) of the Advocates Act, 1961 before the disciplinary committee of the State Bar Council. An advocate has a fiduciary duty to protect the client's interests through honest and ethical means, regardless of the potential for negative outcomes for the advocate or any other parties. A litigant can add
I obtain a Jumbo loan through my credit card. The monthly auto debit amount is deducted from my HDFC savings account, but I couldn't pay the EMI for the last two months due to a medical issue. I recei ...
Dear Sir/madam,
Section 25 in The Payment and Settlement Systems Act, 2007
25 Dishonour of Electronic Funds Transfer for insufficiency, etc., of funds in the account.
(1) Where an electronic funds transfer initiated by a person from an account maintained by him cannot be executed on the ground that the amount of money standing to the credit of that account is insufficient to honour the transfer instruction or that it exceeds the amount arranged to be paid from
Other Responses
I had taken home loan from a nbfc housing loan under subvention scheme. They paid full amount to builder before even construction of the building. Builder filed bankruptcy suit . Building didn't comp ...
Dear sir,
you may approach Hight Court to quash cheque bounce case or contest the same and get acquittal.
Other Responses
Accused has produced the relevant documents and accused cannot entered in witness box in that circumstances complainant has right to cross-examination of the accused for production of that documents
Dear Client,
According to Section 145(2) of the Negotiable Instrument Act, 1881 the Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on an affidavit as to the facts contained therein. As per Section 145(2) of the Act, the Court has the discretion to order cross-examination of the complainant or his witnesses and in case an application is filed by the accused for cross-examination of the complainant or any
Can Complainant Cross-Verification of Accused ? in section 138, Negotiable Instrument Act
Dear Client,
It is a cardinal principle of criminal jurisprudence that it is the burden of the prosecution to prove the guilt of the accused beyond reasonable doubt. Statutory presumptions, wherever available, create an exception to this cardinal principle by shifting the burden of proof to the opposite party. The Apex Court in “Indian Bank Association Vs Union of India (2014) 5SCC 590” directed the concerned Court must ensure that examinationinchief, crossexamination and reexamination
A cheque was returned with remark of insufficient funds on 13.08.2017. A 15 days notice was issued on 17.08.2017. However the Bank Account was frozen by SEBI on 22.08.2017. A case under 138 was filed ...
Dear Client,
When a person issues a post-dated cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque is free to present the same for encashment on any date and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented
Due mother's medical emergency ( Surgery on March, April and again hospitalized on Sept) Father's death on June and mother in law cancer patient - i was unable to pay emi for last 6 months. MUTHOOT F ...
Dear Client,
A cheque bounce case starts from a civil wrong and ends with criminal prosecution. Once a cheque is dishonored or bounced for any reason, then the holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank and dishonored/bounced. A legal notice is served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer o
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