Loan recovery cheque bounce
Loan recovery cheque bounce
Hello Sir/Madam, I gave some amount like 40 lakhs to my friend on 2016 via Bank RTGS. And he promised to return me the money with 15% interest. Also he gave me a cheque for 25 lakhs without mentioning
3 months ago
A. Dear Client,
When an individual issues an undated cheque as security against a loan, and there's no formal agreement in place, the recipient or lender holding the cheque has the freedom to present it for encashment on any date by affixing a date. If the cheque is dishonored, the holder can initiate legal action against the drawer under Section 138 of the Negotiable Instruments Act, 1938, within three months from the presentation date. A recent Supreme Court ruling in the case of Sripati Singh v. ...ReadMore
Legal notice
How to find lawyers from Bangalore online to give a legal notice ?
3 months ago
A. Dear Sir,
Depending upon the subject matter you have to select the advocate. Better select any good advocate by approaching the administrators of this website.
How to revive a 138 case which was disposed by court due to inactivity?
My case of 138 has been disposed due to inactivity by my previous lawyer and i was also not in town since 10 years so my most of the communication happen with advocate over phone call only. Now when I
3 months ago
A. Dear Client,
A complaint filed before the expiry of 15 days from the date of receipt of notice issued under clause (c) of the proviso to Section 138 is not maintainable, the complainant cannot be permitted to present the very same complaint at any
later stage. His remedy is only to file a fresh complaint; and if the same could not be filed within the time prescribed under Section 142(b), his recourse is to seek the benefit of the proviso, satisfying the court of sufficient cause. The respondent/ ...ReadMore
Kamal soni vs urmila
In this matter po is declared in 2020.but till date no action is taken by police even after reminder and details given to police
3 months ago
A. Dear Client,
As per Sec.82 of Cr. PC, a Proclaimed Offender (P.O) proceeding is a process of the court through which the person is declared proclaimed offender and directs the concerned police officials to arrest the person named in the proceeding and produce him before the court and the name and details of the proclaimed offender are published in the newspapers declaring him/her to be a proclaimed offender. When an accused is not giving the appearance in Court after issuing the bailable warran ...ReadMore
Cheque bounce case civil
Hi cheque bounce case is going on me from dec 2022. Bailable warrant was issued in oct 2022. After that on 1st hearing which held on 22 dec 2022. I present at Rajsthan court. I paid 5000 fine there. T
3 months ago
A. Dear Client,
A complaint filed against a person under Sec,138 of the Negotiable Instrument Act, 1938 is a criminal offense and accordingly a bailable warrant was issued against the person that is typically reflected in police record. So, when the case is pending for trial, as a job seeker you should mention the status of the case in the Police Verification certificate even it affects your career. A stigma of criminal record is waived once you acquited from the charge by the trial court.
Cheque of andhra bank 3 months ago
A person gave me cheque of andhra bank 3 months ago . When i presented it in my bank , it returned as andhra bank merged with union bank of india . What should i do now ? Can i file case u/s 138 ni ?
4 months ago
A. Dear Client,
A cheque may bounce for the following resasons -Insufficient Fund: Signature Mismatch: Cheque Date: Difference In Number And Words: Damaged Or Torn Cheque: Overwriting:. Apart from these, Stale Cheque: i.e, Three months past the date of issuance, a cheque is past its validity and is called a stale cheque which is not encashed. So, merger of Banks is not considered as ground of dishonour of cheque and does not attrack an action under Sec.138 of the N I Act. Drawee/cheque holder is re ...ReadMore
Loan default
Hi sir m from Surat Mera personal loan hai 3,20lkh and 3.30 lakh ka same bank se par 3 month se job nai hai to bhar nai paaunga to blank cheque liya hai Agar 138 ka case hua to kya Karu Mai rent pe
4 months ago
A. Dear Client,
When a person issues a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal case against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented ...ReadMore
Cheque bounce blackmail case
Hello sir, My dad had given signed blank cheque without date to one of his friends 3 years back. Now duebto some personal issue his friend is blackmailing him and has filed a fraud case stating he is
5 months ago
A. Dear Client,
When a person issues a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque 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 ...ReadMore
Personal Loan ESC bounce
I have 3 PL from CRED app lending partner IDFC, (who will take legal action & 3 case or 1 case) i missed 2 EMI and i don't have money to pay, what the bank will take legal action, if they file ECS bou
5 months ago
A. Dear Sir,
In many cases ECS bounce cases are being filed to give trouble to borrowers. You may approach High Court and get a stay.
Signed cheque lost
I have lost a signed cheque with amount filled. I have filled FIR online for the same. Two years later , someone presented that cheque in bank and the cheque bounced with insufficient balance. Now I r
5 months ago
A. Dear Client,
In a case registered under section 138 of the Negotiable Instrument Act (cheque-bounce cases), an aggrieved party cannot maintain a petition under section 482 of Cr.PC before the High Court. When a trial court passes orders exercising power under section .255 of CrPC, the aggrieved person is required to file an appeal under section 374(2) of CrPC before the sessions judge i.e., the first appellate court which is required to re-appreciate evidence on record and pass the final judgmen ...ReadMore
