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...
Cheque Bounce Cases
Our advice on: Cheque Bounce Cases
A person gave me a post-dated cheque but now refusing to pay it
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 NI Act
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: Negotiable Instrument Act
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...
What to do when someone forcefully took signed cheque book
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...
Dishonour of security cheque commits no offence under section 138 NI Act
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...
Cheque bounce due to the closure of account
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...
A company committed offence under section 138 N I Act
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.
How to file a complaint under the NI Act
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.
Section 138 of the negotiable instrument act 1881
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 complaint in cheque bounce case
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 N I Act
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.
Trial of cheque bounce case
I like to file a check bounce case in fast track court. Is there any specific procedure for applying a case in fast track court? Will I get a quick judgement than the normal court? ( I have heard check bounce cases pending for 3 years in normal court). Is it possible to convert cases from normal...
Cheque bounce case
Within what time can I expect justice for a check bounce case? (either I have to get money or action against the person who issued the check) . a. if he fails to pay, what would be the minimum and maximum legal action against that person? What would be the approximate court expense and lawyer fee...