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Vivek Kumar

Posted 5 months 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 ?
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A. Yes you can. So. you present the cheque in the bank an when it gets dishonoured then file cheque bounce case. Cheque bounce case involves lot o technicality so better hire lawyer to help you out with that otherwise the case may become weaker in your favour.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Prasad BS

Posted 5 months 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.
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A. After merger with SBI certainly you cannot use that cheque. What you can do is ask your brother to provide new cheque and if he denies then send him the request in writing to change the cheque and that will help to establish your case in court of law if needed.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Anonymous

Posted 6 months 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
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A. You can present the cheque in the bank and if its gets bounced then you can follow the procedure to file a cheque bounce case against him. The lawyer's fee will depend upon the lawyer that you will hire to take up your case. So it is better to speak to a lawyer and find out all about the cost. If you are able to prove that he owed money to you then yes the judgement will be in your favour. There are two possibilities, 1. He will pay your money. 2 If he does not then he will have to go to jail.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Anonymous

Posted 7 months 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
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A. Bank can not disburse the total amount unless the building is completed as disbursement happens as per the building/construction phase. Probably bank would have also committed some mistake which can be ascertained once you show all the papers and share the information. I would suggest you to speak to a lawyer with all your relevant papers. You can speak to me too and for that you will have to fix an appointment through Vidhikarya. Regards
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Shuvendu Mallick

Posted 7 months ago

Sir my bank has deducted money falsly from account, telling that they got an technical defect with their software, but for them my 3 bajaj fin cheques has been ECS bounced,and I have been fined by bajaj and my cibil also affected.my reputation also affected.so I want a compensation by law.so how is the process and what's the law and amount of compensation.
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A. You have a solid case against the bank. Hire a lawyer to send them a legal notice first then file a consumer case in the consumer court. Also send a complaint letter to the Banking Ombudsman which will help your case a lot.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Someone filed a case against me in Mumbai Court for Section 138 and 141...I attended first hearing...then on the second date our number was not called in the court...the date was 5th March.....then third hearing is on 9th March but unable to attend...what should I do now plz reply urgently...I am from Ranchi and case is in Mumbai
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A. You must appear in the court and if you are not able to then engage a lawyer from Mumbai who can appear on your behalf.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Anonymous

Posted 1 year ago

I am the defendant in this case and this case has been going on in my city for last 4 years but the other party has file petition to transfer this case to other parties hometown according to some Supreme Court decision I totally understand the reasoning but thing is that when I gave this check this check was given in this city only and I had no way to know where it is going to be deposited and the second party has mentioned in their application that this check was given in other party city but I have never ever visited that city in my whole life so can you guys suggest me what argument can I make so that I can avoid transfer in this case from here to there if I find your suggestion worthy I am ready to hire right away thank you
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A. First of all if you are the Defendant then the Complainant must have filed the case initially in your city. Now since petitioner is asking for transfer which will cause severe problems to you hence your current lawyer must challenge this and try to stop the transfer. Had you filed a case then requesting fro transfer by the other party is understandable. The party himself filing a case in one court and then asking for transfer without any reason but just on the basis of a SC judgement can be very well countered in the court that this is done just to harass the defendant. Secondly, you got to prove that cheque was issued and handed over to plaintiff in the current city and was deposited by the plaintiff in the current city. Can you please share the main reason for transfer of case to other city. Knowing that can add more insight to the matter.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
hello,before seeking you for your advice, please understand my case,its imp We run a couple of electronic retail stores from last 20 years, father in defence(gazzeted officer) so shop is in name of my mother, who happens to be a housewife, i have started looking after business from last 8 years now 2 years back, we got cheated by a man for 2.7 crores of rupees, he is a genuine defaulter and a mastermind criminal, i have filed fir against him, but from the same time he has surrendered himself before mumbai court for his past matters to stay away from our fir problems and doing good in taloja jail from last 2 years. In this transaction i had taken material from registered distributors on a scheduled payment site, because of being duped i could not pay them in full at that time, and problems in feont of me are rising everyday, currently 4 parties have filed cases against us under 138 ni act, for which i have to take my mom in court because of which whole family is again disturbed We in front of court happen to have said several times that we wish to pay money, but as the amounts are huge, we are going to get time, but in these two years now i understand that i am not going to get a single penny from the person who dueped me. Still we are willing to pay the amount, as my father decieded that we do not want to be criminals, but we certainly can not pay any parties amounts in full. We have not left with any property or any other income source except my fathers salary. My questions 1 Will court agree if i offer to pay in installments that too not full amount, and installments will also be of much lesser amounts than the cheque amounts are? 2 If not, will they sent my mother to jail, we being genuine? 3 How much maximum time court can offer us to pay the amounts? 4 Will there be any consideration of our problems, our lives and our future in the cases filed against us?
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A. For critical matter like this you should not ask for free advice and in public forum. Get in touch with a lawyer in your local area or over phone and discuss at length. That will help you in a better way.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

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