Call Back Request
Track Your Request
+91-7604047602 Legal Blog For Students Free Legal Advice Lawyer Login
Menu
arrow_back
Administrative Law (587)
Admiralty and Maritime (6)
Adoption (166)
Advertising (64)
Animal Laws (60)
Arbitration and Mediation (80)
Aviation (24)
Banking (813)
Bankruptcy and Debt (283)
Cheque Bounce (576)
Child Custody (226)
Civil (2773)
Commercial (144)
Consumer Protection (768)
Contracts and Agreements (621)
Corporate and Incorporation (153)
Criminal (2169)
Customs, Excise (81)
Cyber, Internet, Information Technology (464)
Debt and Lending Agreement (110)
Debt Collection (257)
Divorce (1464)
Divorce and Separation (1597)
Documentation (397)
Domestic Violence (895)
Election Campaign and Political Laws (25)
Employment and Labour (1697)
Environment and Natural Resources (36)
Equipment Finance and Leasing (7)
Family (2569)
Financial Markets and Services (134)
Government Contracts (62)
Human Rights (393)
Immigration (58)
Industrial Laws (92)
Insurance (117)
Intellectual Property, Copyright, Patent, Trademark (135)
International Laws (20)
IT Contracts (65)
Juvenile (36)
Landlord and Tenant (902)
Licensing (26)
Mail Fraud (35)
Maternity (90)
Media, Communication, Entertainment (18)
Mergers and Acquisition (25)
Military Laws (28)
Motor Accident (203)
Muslim Laws (100)
Oil and Gas (1)
Open Source Codes (3)
Outsourcing Agreement/Laws (8)
Partnership (68)
Police Laws (85)
Power of Attorney (93)
Privacy (119)
Property (4018)
Real Estate (613)
Registration (184)
RTI (140)
Sale (93)
Sale of Goods (26)
Sex Crime (194)
Sexual Harassment (7)
Sexual Harassment at Workplace (107)
Software License (4)
Sports Law (8)
Tax (27)
Tax-GST (19)
Tax-Income Tax (58)
Tax-Property Tax (40)
Telecommunication (13)
Torts (34)
Transportation (94)
Trust and Society (NGO) (112)
Used For Testing (2)
Will (184)
Work Permits (43)
ask_a_question

Yograj Singh Khetal

Posted 1 year ago

I booked a flat in 2015 in the project of Niwas promoters pvt Ltd, in Noida ext. Giving 10% of total cost, remaining financed by Tata capital, for which is have to start paying emi after 36 months I. e subvention plan. But promoter failed to build and deliver the project. I registered a comlaint with uprera in January 2018 and got refund order from uprera. I informed Tata capital in July 18 for the same by mail and speed post, but I got no response. In September I request uprera to execute its order as there was no response from the promoter. I received an information from uprera in 3rd November 18 by email about execution notice to promoter but till today I have not gotten my RC. In 5th February 19 tata capital represented a cheque issued by me, but I stopped the payment requesting Tata capital to either wait or action against the builder to whom they disbursed the payment directly without informing me. Now their advocates issued me a notice to pay the cheque amount or face legal action. What should I do.

A. Hello !!

On the bare perusal of the facts mentioned by you, i am of the considered opinion no case under Section 138 NI act i.e. cheque bounce lies against you.
The law is clear and settled on this aspect. The finance company is only threatening you.
Helpful
Helpful
Share
Suneel  Moudgil
Suneel Moudgil Experience: 16 Year(s) Panipat
Junaid Ali Khan
Junaid Ali Khan Experience: 3 Year(s) New Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
ask_a_question

sanjay verma

Posted 1 year ago

received cheque from my working company director in 2013 but in notice we not made company as party due to this lower court quashed the case against director. is there is any remedy to go in appeal. in the cross examination director admitted that he has signed & given cheques against salary ,Gratuity. etc

A. Dear Sir,
Such lacunas can be cured by approaching appellate Court and get the matter remanded back to Lower Court.

For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Helpful
Helpful
Share
ask_a_question

Anonymous

Posted 1 year ago

Hello, I am Pratik. Actually main Navi Mumbai Nerul me rehta hu. Maine ek car rent pe liya tha ek aadmi se march 2018 ko. Uska 18000 rs rent hai. Main 2 rent paid kiya tha. Uske baad main apne family issues or car baar baar kharab hone ke reason se rent paid nhi kar paaya. Iss hi month me uss admi ne mujhe bahot pressurise kiya. Or mujse 200000 rs ka cheque le gaya. Uss vyakti ko maine ek fix date ka cheque diya tha or usse bataya thaa ki account me paise aane ke baad cheque daal dena bt wo insaan sunn ne ke liye tayaar hi nahi tha iss se pareshaan hokar maine bol diya cheque daal do. Uske cheque daalne se pehle maine turant bank me jaakar apna cheque stop kr diya bt uss insaan ne aaj cheque issue kar diya. Or cheque dishonour ka msg aa gaya hai to mujhe abhi kya karna chahiye kyuki wo insaan case kr dega bt ghar pe meri maa coma me hai, bhai education kr raha hai or papa mom ka saara kharcha karke karze me doob gaye hai isliye please koi raasta hoga toh bata dijiye. Fir se aisi mistake nahi karunga

A. Sir, aap cheque bounce amount ka maximum 20% court mey deposit karke guilty plead kar sakte hai. Aur uske baad kishto mey chukane ki maang kar sakte hai. Aap apni pariwar ki stithhi batate hue bol sakte hai ki abhi paise nahi hai aur thora thora karke aap paise poori tarah chuka denge.
Thanks
Helpful
Helpful
Share
ask_a_question

Anonymous

Posted 1 year 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.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Helpful
Helpful
Share
Prabhakara S K Shetty
Prabhakara S K Shetty Experience: 20 Year(s) Bangalore
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 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 Sir,
You mean to say a legal notice was send by you to the issuer of the cheque and same has been sent at last known address. You had taken due diligence and that deems to be served as per sec 27 of General Clauses Act.
Helpful
Helpful
Share
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 23 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Vijay Mukesh Bhatia
Vijay Mukesh Bhatia Experience: 21 Year(s) Panipat
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.
Helpful
Helpful
Share
Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Sandeep  Pingale
Sandeep Pingale Experience: 14 Year(s) Mumbai City
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
ask_a_question

Tushar Nehete

Posted 1 year 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
Helpful
Helpful
Share
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
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
Helpful
Helpful
Share
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Sunil Kumar  Singh
Sunil Kumar Singh Experience: 18 Year(s) Kanpur
Sunil Kumar  Singh
Sunil Kumar Singh Experience: 18 Year(s) Kanpur
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.
Helpful
Helpful
Share
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Mohammed Faiz  Shaikh
Mohammed Faiz Shaikh Experience: 2 Year(s) Mumbai suburban
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 23 Year(s) Bhubaneswar
ask_a_question

Srinivas J

Posted 1 year 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
Helpful
Helpful
Share
Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad

Top Responding Lawyers

c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Kishan Dutt Kalaskar Retired Judge

Retired Judge

Bangalore

Experience: 34 Year(s)

Free Advice Given: 6184

View All Answers
9434907e0136c51bd1ae1f8951e791b0.webp
Rameshwar Dadhe

As a advocate

Aurangabad

Experience: 4 Year(s)

Free Advice Given: 2719

View All Answers
822b0e728f6a0b831e546069e59eff21.jpg
Deepak Yashwantrao Bade

Lawyer and legal associate

Nagpur

Experience: 10 Year(s)

Free Advice Given: 2220

View All Answers
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Shreyash Mohta

Advocate

Kolkata

Experience: 2 Year(s)

Free Advice Given: 1823

View All Answers
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Shanti Ranjan Behera

Advocate

Bhubaneswar

Experience: 23 Year(s)

Free Advice Given: 1128

View All Answers
bbeb09048874b1d40441.webp
Ambrose Leo

Adv.Ambrose Leo Associates & Legal Consultants

Bangalore

Experience: 10 Year(s)

Free Advice Given: 1057

View All Answers
4841c22d1a959ded01c071ad410d81b4.webp
Suneel Moudgil

Advocate

Panipat

Experience: 16 Year(s)

Free Advice Given: 846

View All Answers
a24c9c9c3a743f162cc475c80071fe4c.webp
ROBERT D ROZARIO

Advocate High Court

Kolkata

Experience: 16 Year(s)

Free Advice Given: 784

View All Answers
498ccf42b276edbaf56567d1ccd4975a.webp
Prabhakara S K Shetty

Advocate

Bangalore

Experience: 20 Year(s)

Free Advice Given: 632

View All Answers
3a01cc6aa21855397e314eb84cfd223a.webp
Rajender Prasad

Lawyer

New Delhi

Experience: 6 Year(s)

Free Advice Given: 623

View All Answers
59e854a50a441a116b44301cc6c50176.webp
ARPIT BATRA

Attorney

South Delhi

Experience: 12 Year(s)

Free Advice Given: 536

View All Answers
ccdc40f4c72ef17306ac9e36d288a0a7.jpg
Ayantika Mondal and Anik @ Prime Legal

Lawyer

Bangalore

Experience: 11 Year(s)

Free Advice Given: 454

View All Answers
d6d5b47319eafdb8e3813667048e1699.webp
GANESH SHARMA

Criminal Lawyer

Faridabad

Experience: 4 Year(s)

Free Advice Given: 409

View All Answers
090d5a222e6f7cab9481bb4042a79c69.webp
Nirmal Chopra

Dr

New Delhi

Experience: 21 Year(s)

Free Advice Given: 389

View All Answers
443f954fc1289753953d236b49cdf66a.jpg
J S Pawar

Lawyer

Mumbai

Experience: 4 Year(s)

Free Advice Given: 361

View All Answers
c48c394179eb5d82a1140ede15febea1.webp
Ashish K Dongre

Advocate

Thane

Experience: 13 Year(s)

Free Advice Given: 349

View All Answers
365c3942034dac70476c492af828705e.jpg
Sanjay Kumar Jha

Advocate

Patna

Experience: 18 Year(s)

Free Advice Given: 332

View All Answers
46ff77e9b7358b76ae473e673378e102.webp
Vishwabandhu

SENIOR LAWYER

Jabalpur

Experience: 39 Year(s)

Free Advice Given: 291

View All Answers
3d468e1c95191b06fce7.webp
Johnson Thangiah

Advocate / Trial Advocate

Tirunelveli

Experience: 19 Year(s)

Free Advice Given: 282

View All Answers
cc45cf3809e36f0032b274972c66f02c.webp
Mohd Imran

Advocate

Faridabad

Experience: 5 Year(s)

Free Advice Given: 262

View All Answers
ed97dd09ba2326865a4467cbb2e8877b.webp
Manjula Shanmugasundaram

Advocate

Chennai

Experience: 19 Year(s)

Free Advice Given: 252

View All Answers
U00070524.webp
Sunil Kumar Singh

Lawyer,Attorney,Solicitor

Kanpur

Experience: 18 Year(s)

Free Advice Given: 242

View All Answers
5a5b9936694f43a22e8d1af5799fd4ac.jpg
Junaid Ali Khan

Advocate

New Delhi

Experience: 3 Year(s)

Free Advice Given: 199

View All Answers
e38a8f956f9fe427a840d3e190512525.jpg
Rajeev RJ

Advocate

Thiruvananthapuram

Experience: 18 Year(s)

Free Advice Given: 198

View All Answers
53ea18c7c1376b373b77335fd353dcd6.jpg
Simi Paul

Advocate

Kolkata

Experience: 1 Year(s)

Free Advice Given: 146

View All Answers

Are you looking for Lawyer ?

  • To File a Case
  • To Send /Respond to Legal Notice
  • To Defend a Case
  • To Draft/Review a Document/Agreement
  • To Represent an ongoing Case
  • For Registration Services
  • For Legal Opinion

post your matterPost Your Matter

Need a Quick Legal Advice NOW?

Don’t want to wait! Call at the toll free
number and get a call from an expert Lawyer
within an hour!

talk to lawyer7604047601

Categories
Administrative Law (587)
Admiralty and Mariti... (6)
Adoption (166)
Advertising (64)
Animal Laws (60)
Arbitration and Medi... (80)
Aviation (24)
Banking (813)
Bankruptcy and Debt (283)
Cheque Bounce (576)
Child Custody (226)
Civil (2773)
Commercial (144)
Consumer Protection (768)
Contracts and Agreem... (621)
Corporate and Incorp... (153)
Criminal (2169)
Customs, Excise (81)
Cyber, Internet, Inf... (464)
Debt and Lending Agr... (110)
Debt Collection (257)
Divorce (1464)
Divorce and Separati... (1597)
Documentation (397)
Domestic Violence (895)
Election Campaign an... (25)
Employment and Labou... (1697)
Environment and Natu... (36)
Equipment Finance an... (7)
Family (2569)
Financial Markets an... (134)
Government Contracts (62)
Human Rights (393)
Immigration (58)
Industrial Laws (92)
Insurance (117)
Intellectual Propert... (135)
International Laws (20)
IT Contracts (65)
Juvenile (36)
Landlord and Tenant (902)
Licensing (26)
Mail Fraud (35)
Maternity (90)
Media, Communication... (18)
Mergers and Acquisit... (25)
Military Laws (28)
Motor Accident (203)
Muslim Laws (100)
Oil and Gas (1)
Open Source Codes (3)
Outsourcing Agreemen... (8)
Partnership (68)
Police Laws (85)
Power of Attorney (93)
Privacy (119)
Property (4018)
Real Estate (613)
Registration (184)
RTI (140)
Sale (93)
Sale of Goods (26)
Sex Crime (194)
Sexual Harassment (7)
Sexual Harassment at... (107)
Software License (4)
Sports Law (8)
Tax (27)
Tax-GST (19)
Tax-Income Tax (58)
Tax-Property Tax (40)
Telecommunication (13)
Torts (34)
Transportation (94)
Trust and Society (N... (112)
Used For Testing (2)
Will (184)
Work Permits (43)

Download the Clients App on

Vidhikarya App on Android Platform

Contact Details

7604047602
[email protected]
505-A, Terminus Building,
Newtown, Action Area I,
Kolkata 700156

Download the Lawyers App on

Vidhikarya App on Android Platform

Certified by Startup India, DPIIT

startUpIndia

Payment secured by :

PayUMoney PayPal net banking
visa master maestro