Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
  Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: Cheque Bounce case under 138 NI act  (Read 1260 times)

0 Members and 1 Guest are viewing this topic.

Offline manasa66

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Cheque Bounce case under 138 NI act
« on: May 15, 2017, 11:14:29 PM »
We had taken amount from private financier for high interest rate by giving cheques as security purpose. Now the financier had bounced our cheques in various location with other person names. Recently we received 5 court notice from various location. Sir, please help me to resolve the court issue. 

Offline advmisthi

  • Veteran at Law
  • *****
  • Posts: 211
  • Karma: +16/-3
  • Adv.Misthi Mukherjee
    • View Profile
Re: Cheque Bounce case under 138 NI act
« Reply #1 on: May 18, 2017, 02:03:08 AM »
Answer to the notice, which city are u based in
Adv.Misthi Mukherjee
I am here to help, Shoot your legal problem to me, I promise I will help

Offline advocate.kapilc

  • Jr. Legal Expert
  • **
  • Posts: 32
  • Karma: +1/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Cheque Bounce case under 138 NI act
« Reply #2 on: July 06, 2017, 08:18:24 AM »
Sir,

Contest your case on merits ....

Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
https://kapilchandnaadvocate.wordpress.com/

Offline v e manoj kumar

  • Newlaw
  • *
  • Posts: 2
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Cheque Bounce case under 138 NI act
« Reply #3 on: October 04, 2017, 10:35:58 PM »
call to my cell no to solve your query - 8686159292

Offline Sabir1981

  • Newlaw
  • *
  • Posts: 3
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Cheque Bounce case under 138 NI act
« Reply #4 on: December 29, 2017, 11:12:14 PM »
I gave money to my friend, he promised he will return in month time. I was abroad. Money was given throw my dad account. We took affidavit and cheque against it. He did not return money always gave new dates never gave. So ve deposit cheque and bounce. We hired lawyer and case is in court. First date he appeared in court, next date he did not show up. Third date was 29 dec 2017 lawyer said Judge on leave he will take next date in a week.
Want to know-
1. What is the process how log can it take.
2. How our lawyer can make a strong case as we are suffering a lot, i am a suger, bp and heart patent.
3. When we gate new dates is it written or just dialogue?
4. Our lawyer was very hard before filling a case but now he looks soft. He never say anything unless we ask nor he informed us abot Judge leave.
I can’t express what I am going through. Please help me with best.

Sabir 9920992338

Offline Sabir1981

  • Newlaw
  • *
  • Posts: 3
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Cheque Bounce case under 138 NI act
« Reply #5 on: December 29, 2017, 11:14:22 PM »
I gave money to my friend, he promised he will return in month time. I was abroad. Money was given throw my dad account. We took affidavit and cheque against it. He did not return money always gave new dates never gave. So ve deposit cheque and bounce. We hired lawyer and case is in court. First date he appeared in court, next date he did not show up. Third date was 29 dec 2017 lawyer said Judge on leave he will take next date in a week.
Want to know-
1. What is the process how log can it take.
2. How our lawyer can make a strong case as we are suffering a lot, i am a suger, bp and heart patent.
3. When we gate new dates is it written or just dialogue?
4. Our lawyer was very hard before filling a case but now he looks soft. He never say anything unless we ask nor he informed us abot Judge leave.
I can’t express what I am going through. Please help me with best.

Sabir 9920992338

Offline kalaskarkk

  • Jr. Legal Expert
  • **
  • Posts: 39
  • Karma: +1/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Cheque Bounce case under 138 NI act
« Reply #6 on: December 29, 2017, 11:41:16 PM »
YOUR QUERY IS COVERED BY FOLLOWING INFORMATION AND ACCORDINGLY YOU MAY ASK YOUR ADVOCATE TO ACT. SECONDLY YOU HAVE AN OPTION TO APPROACH HIGH COURT WITH A PRAYER TO GIVE A DIRECTION TO TRY ALL THE FIVE CASES IN A SINGLE COURT SINCE IT APPEARS YOU ARE HAVING SAME DEFENSE.

Dishonour of Cheque-Gujarat HC explains the new Law on Territorial Jurisdiction...

When the cheque is delivered for collection through an account, the complaint is to be filed before the Court where the branch of the bank is situated, where the payee or the holder in due course maintains his account.

What are the changes brought in by virtue of Negotiable Instruments (Amendment) Act, 2015  relating to the Territorial Jurisdiction to file Complaints of Dishonour of Cheques? Gujarat High Court has explained the principles relating to it in a recent...

It is held that “The Negotiable Instruments (Amendment) Bill [Act], 2015, inter alia, provides for the following, namely : (i) cases relating to dishonor of cheques under section 138 of the said Act to be inquired and tried only by a court within whose local jurisdiction the branch of the bank, where the payee or the holder in due course maintains the account, is situated...

(ii) cases under section 138 pending in any court before the commencement of the proposed legislation to be transferred to the court in accordance with the new scheme of jurisdiction for such cases as proposed under sub-section (2 ) of section 142; ...

(iii) where a complaint has been filed against the drawer of a cheque in the court having jurisdiction under the new scheme of jurisdiction, all subsequent complaints arising out of section 138 of the said Act against the same drawer shall be filed...

(iv) where, if more than one prosecution filed by the same payee or holder in due course against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, the court shall transfer...

The Court held that In view of the amendment, a complaint for dishonour of cheque under Section 138 of the Act can be now filed only in the Court situated at the place where the bank, in which the payee has account, is located. He explained the posit...

Secondly, once a complaint for dishonour of the cheque is filed in one particular Court at a particular place, then later on if there is any other cheque of the same party (drawer) which has also dishonoured, then all such subsequent complaints for such subsequent complaints for dishonour of the cheques against the same drawer will also have to be filed in the same Court (even if the person presents them in some bank in some other city or area). This would ensure that the drawer of the cheques ...

Thirdly, all criminal complaints for dishonour of cheques pending as on 15th June 2015 in different Courts in India would be transferred to the Court which has the jurisdiction to try such case in the manner mentioned above, i.e. such pending cases will stand transferred to the Court having jurisdiction over the place where the bank of the payee is located. If there are multiple complaints of dishonour pending between the same parties as on 15th June 2015, then all such complaints would be transferred to the Court having jurisdiction to try the first case. To put it briefly, the (Amendment) Act takes care of the interest of the payee of the cheque while, at the same time, also takes care to see that the drawer of the multiple ...cheques is not harassed by filing different complaints at different locations to harass him (if more than one cheque is bounced)”. The Court added...












Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2017
Get Free legal Advice here from top notch lawyers in India