Question: I want to transfer cheque bounce case to my current place of living. I took a personal loan from Kotak Mahindra Bank for 4 lacs and had been paying EMI for up to 19 months and due to COVID and loss of job. After the moratorium, I am not able to pay my emi. But the bank bounced my cheque...
Question: I am principal of a private school. During the lockdown some construction works were done in my school. The management had directed me to make the payment and they will reimburse the entire amount. A cheque I issued in my personal capacity which I later on stopped to payment. Because the...
Question: My cheque is being misused and bounced and a RENT SUIT is filed in a state other than my own state and First hearing itself is due. Appearance of Accused. I got notice but as I was not at home so it returned. Accused did not issue a cheque to the complainant. Another person filed cheque...
Even a blank cheque would attract presumption under section 139 of the Negotiable Instrument Act. Section 139 of NI Act, raises presumption in favor of holder of cheque that it was issued in discharge of debt or other liability. The accused cannot rebut this presumption merely on the ground that...
A person gave me a post-dated cheque but now refusing to pay it. The post-dated cheque will mature on 10/05/2020. Sir, I want to know what should I do in this situation? Question from: Gujrat You cannot take any legal action against that person before the maturity of the post-dated cheque. The...
Section 142: Cognizance of offences (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) no court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder...
Section 138: Dishonour of cheque for insufficiency, etc, of funds in the account Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or...
My friend forcefully took my signed cheque book and presented nine cheques in the bank. All cheques have bounced due to insufficient fund in my saving bank account. After that, he sent a legal notice to make the full payment in fifteen days. Sir, I want to inform you that the total amount signed...
I have taken a loan from bajaj finseve. I gave three cheques for security purpose. I paid 18 EMI on time. From last few months, I was not able to pay EMI. They filed the cheque and deposited to the bank, which dishonoured due to insufficient balance. Moreover, they filed a case against me. What...
I have given 28000 to my friend after some time he gave me a cheque. When I presented that cheque to the bank for its encashment, it became dishonoured due to the closure of the account. However, I have his bike ok and RTO papers and want to recover that amount by selling it. Your friend has...
When a company issued a cheque and it is dishonoured by the drawee bank it is said that offence under section 138 of the negotiable instrument act, is committed by the company. But company cannot be prosecuted for the offence because it is a legal entity and no physical punishment can be imposed upon a company.
Dishonour of cheque is an offence under section 138 of the Negotiable Instrument Act. Section 142 of the Negotiable Instrument Act enunciates about the cognizance of the offence committed under section 138 of the N I Act. The court shall take cognizance only on the complaint in writing filed by the payee or the holder in due course of the cheque.
My friend issued a cheque for the discharge of his liability but it is dishonoured due to insufficient fund. I want to know that when it can be said that offence under section 138 has committed. Dishonour of cheque is an offence under Section 138 of the Negotiable Instrument Act. The drawer of...
When can I file a complaint about the offence of dishonour of cheque? Dishonouring of a cheque for insufficiency of the fund in the account is generally called bounce of cheque. Section 138 of the Negotiable Instrument Act 1881 envisages bounce of cheque is an offence and also provides punishment...
Dishonour of security cheque is no offence under the Negotiable Instrument Act. Security has not been issued in discharge of debt or liability, hence, its dishonour does not constitute any offence under section138 of the NI Act.