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Vivek Kumar

Posted 1 year ago

Sir in my friend firm I made partnership I invested money via online banking made also notary deed he given me blank cheque he told me to fill my name myself so I filled. So payment is coming but he is hiding.so sir can I bounced the check and can filed case 420 ?

A. It will certainly raise eyebrows of the court, since he had not filled the cheque himself and handwriting will be different if you fill up his cheque. He will certainly raise this point in his defense and Magistrate will certainly make its observations and findings. Chance of your cheque bounce case u/s 138 NI Act will not make him accountable. However, other avenue needs to be ventured before coming to any conclusions. What I suggest you contact Vidhidarya for allotting a lawyer to review your ...ReadMore
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Prasad BS

Posted 1 year ago

My brother had issued me apost dated cheque 5 years before , it belongs to SBM bank and now that this bank is merged with SBI, will I be able to submit that cheque, if not what are my legal options to make my brother issue a new proper cheque, post dated cheque is dated for 01/01/2019.

A. It is not valid now, send a legal notice first if matter solved thats good if not then file a court case with help of legal professional.
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Prabhakara S K Shetty
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
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Jitendra Tated

Posted 1 year ago

Muze SBI ka check ek aadmi me diya maine check ko apne account me clearing ke liye Dala SBI ke taraf se memo me likhar aaya ye purana check hai multi city check chahiye ab aage wala call bhi utha nahi raha hai hume kya karana chahiye

A. Send a legal notice through Vidhikarya team.
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Sushama Mohan Sarangpure
Sushama Mohan Sarangpure Experience: 5 Year(s) Nagpur
Junaid Ali Khan
Junaid Ali Khan Experience: 2 Year(s) New Delhi
Rajeev  RJ
Rajeev RJ Experience: 17 Year(s) Thiruvananthapuram
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 same day.Today date is 05.08.18.Can i file a cheque bounce case against him?

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
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Prabhakara S K Shetty
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
Rajeev  RJ
Rajeev RJ Experience: 17 Year(s) Thiruvananthapuram
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Anonymous

Posted 1 year ago

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 asking several time no respond. can i fill the case aganist him what is process and fee of legal and etc after filling the case that case favoring of me or what please suggest

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.
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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-2011 and stopped the construction. Builder absconding.. Builder office closed and not reachable. we paid the pre EMI till next 3 years after that we didn't pay the Pre EMI.. because i was not sure builder will give the Possession... Bank take blank cheque from me at the time of loan disbursement.... Bank fill the cheque with whole amount without my consent..and cheque bounce.. and file the case against me.. i told to bank i will pay all EMI after getting the Possession or you can take property... I told to bank loan amount goes to builder account... I don't know what i do? I havn't faulty.. I heard and study, there are no consumer liability pay the loan before Possession... I can pay EMI after getting Possession or can surrender property. Please suggest in this case what i do?

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
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GANESH  SHARMA
GANESH SHARMA Experience: 3 Year(s) Faridabad
ROBERT D ROZARIO
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata
Mohd Imran
Mohd Imran Experience: 4 Year(s) Faridabad
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 case by giving reference to P.O. order of my case . If yes, what is the procedure.

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
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Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
GANESH  SHARMA
GANESH SHARMA Experience: 3 Year(s) Faridabad
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 upscanding from address, I am not able to trace the respondend & lical police is not help to trace . plz give sations for trace respondend

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.
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Anonymous

Posted 1 year ago

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 others as well and builder was fraud. Now bank has deposited my security cheque which got dishonored and case under 138 has been filled against me.. please suggest what shall I do as builder is already behind the bars as loads of FIRs were logged against him Bank is asking me to pay the emi’ s for something that does not exist. There is half done construction of this project I am being trapped by the bank and builder Please suggest

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
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Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Viswanath  M K
Viswanath M K Experience: 5 Year(s) Chennai
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.

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
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Mohd Imran
Mohd Imran Experience: 4 Year(s) Faridabad
Vimlesh  Mishra
Vimlesh Mishra Experience: 26 Year(s) Lucknow
Neeraj  Kumar
Neeraj Kumar Experience: 1 Year(s) Patna
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