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A step-by-step guide for legal recourse when Chequ...

|A Cheque is a mode of payment that is widely used for transactions including loan re-payment, payment of salary, bills, fees, and so on. Banks on a daily basis process and clear the vast majority of cheques. Issuing cheques are essentially proof of payment. However, cheques undeniably are a reliable mode of payment for most people. Conversely, issuing crossed “Account Payee Only” the cheque is advisable and indeed recommended so that the cheque is not misused in any way, shape or form.  A cheque basically is a negotiable instrument and they are of two types including Crossed and Account payee cheques which are non-negotiable by any person excepting the payee. The issued cheques have to be deposited into the bank account of the payee. The legal definition of the author of the cheque is ‘drawer’ and the cheque is drawn in favor of the ‘drawee’ and the paying bank is typically known as the ‘payee’. Cheque bounce cases in recent times are quite common. Occasionally, huge cheque amounts remain unpaid and payee banks return them dishonored.Dishonor of cheque results in the drawee bank issuing a ‘Cheque Return Memo’ to the payee’s banker pronto stating the reason for non-payment of the cheque. The banker of the payee then returns the memo and the dishonored cheque back to the payee. The cheque can be reissued or the payee can reissue the cheque within the timescale of three months of the cheque date if the drawer believes issued cheque will be honored the second time around. However, if the issuer of the cheque fails in making a payment, then its the payee’s right to proceed along the lines of legally prosecuting the drawer.  The defaulter/drawer may be legally prosecuted by the payee for the fact that the cheque was dishonored. However, the only exception to the rule is if the cheque amount is huge and the cheque payment is towards discharging debt or other defaulter liabilities towards the payee. In the case of a gift cheque, which may have been towards obtaining a loan or for illegal purposes, then the drawer is exempt from being prosecuted.Legal action In case of payee deciding to proceed legally, then the payer ought to have the chance of repaying the cheque amount pronto. The chance ought to be given only in the form of notice in writing. The notice ought to be sent to the drawer within a month of receipt of the “Cheque Return Memo” notice from the bank. The notice also ought to allude to the fact that the cheque amount ought to be paid to the payee within a fortnight from the receipt date of the notice by the issuer. If the issuer of the cheque is unable to pay within a month of receipt of the notice the payee is entitled and indeed empowered to file a criminal complaint under Section 138 of the Negotiable Instruments Act. Call 7604047601 for a preliminary phone consultation with the registered expert cheque bounce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

21 hours ago

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E-signing is the tip of the iceberg: Smart E-Contr...

It’s a frustrating experience for anyone waiting for follow up after a proposal for a contract has been sent to a client and what may seem like an eternity is, in fact, a protracted timescale for the client to respond. Sending a contract to a client is a harrowing experience that entails following up with clients to ensure they receive, read, agree, sign and send the contract back signed and sealed. After the vendor gets the signed contract back from the client there are a few internal formalities including obtaining internal approvals that the vendor has to follow or comply with and then the signed and sealed contract can be filed away in a safe and secure place. The entire process may take several weeks to conclude. The entire process is time-consuming and that time could be dedicated to pursuing and closing newer business deals. The control over the contract workflow beginning with drafting and finalizing the proposal to signing the contract can be done in no time at all. The major reasons for opting for E-contracts over static contracts are as follows:Counterparts are impressedCommon contracts aren’t time savers rather they are time-consuming and are pesky as well. Clients are unimaginably delighted owing to the fact that they don’t have to print, read, retype alterations in an email or jot down in the margins of one’s contract, scan and email the contract back to the sender; all of this is a lot of hassle when one could seamlessly manage negotiations directly through their live E-contract document.Professional, bespoke, hi-tech e-contracts are impressive with branding and even attaching a video greeting would create a positive impact on one’s client. The screen and audio recording features are available as well for walking clients through certain sections of one’s proposal.Close deals It's hard to imagine working for months on coming to fruition on a client and the client ultimately agreeing on accepting a proposal. One may work for a few days on drafting and perfecting the proposal only to lose it in transit. Upon contacting one’s client after about a week to inquire whether the client received the proposal, the reply may not be what one may ideally want to hear i.e. the client indeed did not receive the proposal, let alone see it, resulting in a negative effect on one’s credibility  and one may lose one’s precious deal forever. Electronic contracts are delivered electronically by clicking a button. The live editing feature enables instant feedback on proposals and in turn reaching an agreement is faster. Following up with clients via emails, phone calls, missing person reports, and so on isn’t required any longer to ensure that they have seen the updated version of a proposal. Owing to E-contracts one can ensure that one’s proposal is in the hands of the intended recipient the very moment one is through with drafting the proposal. One would be notified or intimated as to when the intended recipient received and read the proposal and also get notifications in real-time each time one’s counterpart recommends an alteration and signs.Eliminate hinders to signEvolution is the key to survival in the tech age. The good old days of static contracts are history. E-contracts are not only state-of-the-art and cutting edge technology but are also essential now more than ever before when almost any item that one may require can be accessed instantly and would be at one’s fingertips. The aspect of e-contracts that stands out is that one can sign anytime, anywhere. Research reveals that the vast majority of contracts are typically signed on Fridays and during weekends. Static contracts only permit business transactions Monday to Friday, which eliminates 2 days in a week that one could very well use to come to fruition on deals. This is the trend throughout the year but is particularly vital during closing weeks at month’s end. The motivation for the Sales team with feedback in real-time without any learning curveAny standard E-contract management tool will integrate seamlessly with one’s current systems thereby it's not a steep learning and adoption curve at all. Rather the learning curve is little to none. If one’s sales team uses Salesforce or HubSpot for example, E-contract systems permit one’s sales team to draft and deliver proposals from their preferred CRM interface itself.Successful integrations, even populate data automatically from one’s CRM system into one’s contracts directly. One’s sales team would be able to expedite sending proposals with proposal templates thereby eliminating pesky follow-ups that require a lot of time. Vendors can follow the contract’s lifecycle and get updates from the CRM that they prefer. There is a dashboard in Smart Contract Management systems enabling sales teams to have a comprehensive overview of all generated leads, opportunities, negotiations and deals won from the dashboard view itself.Don't be left on the waysideIn the digital ecosystem, it's one of two things; adaptability or fading away. Obviously, there is a reason behind working with smart contracts that so many brands ranging from top fashion brands and car manufacturers to SMEs are opting for E-contrcats and smart contract management tools. Call 7604047601 for consultation with registered expert contracts and agreements lawyer on Vidhikarya.

Posted By

Avik Chakravorty

1 day ago

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Abhimanyu Shandilya

(See Reviews)


: {{lawyerExperience}}


: Advocate and Legal Counsel

Practicing Court

: Calcutta High Court


: West Bengal, Kolkata

State Bar Council

: West Bengal

Reviews & Ratings(View Reviews)

I am a Practicing Advocate at Calcutta High Court and all the District Courts in and around Kolkata. My law firm Shandilyaz Advocates & Counsels deal with all kinds of cases. I am empaneled lawyer for LIC and National Insurance Company.

Professional Summary

Abhimanyu Shandilya is an Advocate with strong understanding and hold on legal matters and litigation. He is a client centric Lawyer with full focus to bring relief and solution to the clients. He is very adept and competent in handling matters at High Court, District Courts and Tribunals like Consumer Forum, DRT, AFT, etc. He has been handling and appearing in courts for DIVORCE, MAINTENANCE, PROPERTY, BAIL, CRIMINAL, CHEQUE BOUNCE, CIVIL, SERVICE MATTERS etc. and have been diligently getting orders and decrees int he favour of the clients.

He has is a proactive and capable Lawyer having extensive background and experience as he is has worked in multiple companies both government and private. He has wide global exposure with ability to work and communicate well with people from diverse backgrounds.

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Banking 7 years 50 As part of SBI it was my duty and responsibility to look at and manage the cases and legal matters c... Read More
Civil 12 years 25 Have handled multiple types of civil matters ranging from Family, Marriage, Divorce & Separation, Pr... Read More
Commercial 12 years 100 As part of HP I have handled and a good number of commercial matters especially related to Contracts... Read More
Criminal 5 years 10 Criminal case requires a special bent of mind and I along with my teammates in my Law firm take the ... Read More
Cyber, Internet, Information Technology 10 years 85 I have extensive knowledge and understanding of Cyber and Information Technology laws and agreements... Read More
Divorce 5 years 10 I am handling divorce cases both Mutual Consent and Contested in the Districts Courts in and around ... Read More

Secondary Expertise

Expertise In


Experience 7 years

Number of Cases 50

As part of SBI it was my duty and responsibility to look at and manage the cases and legal matters coming out of banking relationships. Have managed most of the bank related legal matters be it about loans, deposits, bank frauds, credit cards, Online payments, International payments (SWIFT), Cheque bounce cases (Section 138 of NI Act),Debt Collection and Recovery.


Experience 12 years

Number of Cases 25

Have handled multiple types of civil matters ranging from Family, Marriage, Divorce & Separation, Property, Succession to land matters. Have represented Clients in lower court as well as appellate courts.


Experience 12 years

Number of Cases 100

As part of HP I have handled and a good number of commercial matters especially related to Contracts & Agreements. I have negotiated and executed commercial contracts in multiple countries like Turkey, Jordan, Bahrain, Malaysia, China, Tahiland, Singapore, Australia and India.


Experience 5 years

Number of Cases 10

Criminal case requires a special bent of mind and I along with my teammates in my Law firm take the criminal matters like professionals.

Cyber, Internet, Information Technology

Experience 10 years

Number of Cases 85

I have extensive knowledge and understanding of Cyber and Information Technology laws and agreements. Have dealt with all kind of cyber fraud and IT Outsourcing contracts and agreements across Europe, Middle East, Asia, South East Asia, Japan, China & Australia. Have very good hold on Software licensing and intellectual property agreements, statement of work (SOW), SLA including drafting and negotiating fixed price as well as T&M contracts.


Experience 5 years

Number of Cases 10

I am handling divorce cases both Mutual Consent and Contested in the Districts Courts in and around Kolkata like Barasat, Alipore, Barrackpore, Chinsurah etc.

Other Areas of Expertise

Practicing Court Name

Calcutta High Court

High Court

Armed Forces Tribunal



District Courts


District Courts

City Civil Court

District Courts


District Courts


District Courts

District Consumer Forum


State Consumer Forum




University of Delhi


Cyber Law from Indian Law Institute, New Delhi


Anthropology from University of Delhi


MBA from Great Lakes Institute of Management, Chennai

Other Info

No. of juniors with me


Size of my team


No. of intern work per year


External Links

Guest Faculty

Indian Institute of Management, Ranchi

Indian Institute of Coal Management, Ranchi

Great Lakes Institute of Management, Chennai


Multiple Blogs

6 / 17

Other Legal Experience

Hewlette Packard (HP)

Corporate Counsel

NGOs adn as part of CSR

Pro Bono Services

Shandilyaz Advocates & Counsels

Associate/Partner in a Law firm

Manager with State Bank of India


Other Achievements

University Gold Medalist - Delhi University

5 / 2002

Client Testimonials

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Experience: 15 Year(s)
Advocate High Court
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