CHEQUE BOUNCE केस दायर करने के लिए, आमतौर पर एक ही बार चेक बाउंस होना काफी होता है। भारतीय कानून के तहत, विशेष रूप से NEGOTIABLE INSTRUMENTS ACT की धारा 138 के तहत, चेक बाउंस के मामले में केस दायर करने के लिए निम्नलिखित शर्तें पूरी करनी होती हैं: चेक बाउंसः CHEQUE को कम से … Read more
भारत में CHEQUE BOUNCE के मामलों में COURT में केस फाइल करने की समय सीमा निम्नलिखित है: नोटिस भेजने की अवधि: CHEQUE BOUNCE के बाद, DRAWER (जिन्हें चेक दिया गया है) को 30 दिनों के भीतर एक LEGAL NOTICE भेजना होता है। इस NOTICE में CHEQUE BOUNCE होने का कारण और NOTICE प्राप्ति के 15 … Read more
In cases involving bounced cheques, a denial of signatures can be an effective defence, but it depends on the specifics of the case. Here’s a general outline of how it might work: Verification of Signature: If the accused denies his signature on cheque, he would need to provide evidence that the signature is not his … Read more
When a payment has been made to cover a dishonoured cheque but the holder refuses to return the original cheque, the drawer can take several legal steps to resolve the issue. DOCUMENT EVIDENCE: First, ensure that you have documented evidence of the payment made to the holder. This includes bank statements, receipts, or any correspondence … Read more
In India, a cheque bounce case typically continues even after the death of the payee, though the process may involve adjustments due to the change in parties. Under Section 138 of the Negotiable Instruments Act, 1881, the dishonour of a cheque can lead to criminal proceedings if certain conditions are met, including the issuance of … Read more
YES, a cheque bounce case can indeed be compromised even after a conviction. The legal framework under Section 138 of the Negotiable Instruments Act, 1881, addresses dishonoured cheques, typically leading to criminal liability if certain conditions are met. However, the judicial system in India provides avenues for compromise even after a conviction has been pronounced. … Read more
In India, the punishment for cheque dishonour is primarily governed by Section 138 of the Negotiable Instruments Act, 1881. To hold someone criminally liable under Section 138, the following conditions must be met: Dishonor of Cheque: The cheque must be dishonoured due to reasons such as insufficient funds or exceeding the amount covered by the … Read more
The Negotiable Instruments Act primarily addresses cases involving dishonour of cheques that are within their validity period. The relevant section for criminal liability is Section 138, which deals with dishonour due to insufficient funds or exceeding the amount covered by the drawer’s account. Validity of Cheques A cheque is generally valid for three months from … Read more
To avoid issues related to cheque dishonour in India, it’s essential to take preventive measures and understand the legal and procedural aspects involved. Ensure Sufficient Funds: Always ensure that your bank account has enough funds to cover the amount of the cheque you issue. Verify Cheque Details: Verify all details on the cheque, including the … Read more
The first and foremost step would be to send a reply to the legal notice citing your defence or else pay the cheque amount as per the legal notice to avoid any further legal proceedings. However before sending a reply to Legal Notice or making the payment, it is desired to consult a legal practitioner … Read more