Cheque Bounce Lawyer In Ahmedabad | 09925002031
Negotiable instrument Act 1881, Section 138, the ultimate solution of reduce the financial crime. As Crime is never accepted in society as well as financial crime is never accepted in business, relations and daily utility transections.
As Indian laws are majorly followed to the British law thus in 1881 the negotiable instrument act came in to the force which has covered the cheques, Bill of Exchange and many more instruments in said act.
A bill of exchange which is drawn upon a specified banker and payable on demand is called a cheque. A cheque bounces or is considered to be dishonored, when it is presented for payment but due to reasons like, insufficient balance in the account, stopped payment, Account Suspended, overwriting, expired validity of the cheque among various others reasons, the cheque cannot be cleared. Cheque bounce cases are some of the most common cases before courts in India with close to 40 lakh cheque bounce cases pending as per reports of the Supreme Court.
A cheque bounce happens due to insufficient account balance, expired validity of cheque and overwriting among other reasons. The cases of cheque bounce are quite common that nearly 40 lakh cases are pending, claim Supreme Court reports. Here, you will get to know the legal rights involved in the cheque bounce cases.
Section 138 of the Negotiable Instruments Act, 1881 is the primary law in the context of cheque bounce cases. We have personally observed and analysis the rights and remedies existing in cheque bounce cases.
These include the Complainant, accused, Summons, warrants, Non Bailable warrants, prosecuting attorneys, bail bonds, criminal defense Lawyers, magistrate judges, witnesses, Sometime FSL Department and many more.
At all stages of the criminal process, a person got the complaint registered, then Court will issue the summons to the accused, if not present then court will issue the warrant than non bailable warrants, whenever the accused present either he has to confess his guilt or has to face further legal proceedings. The NI Act 1881, Section 138 provide a remedy to the people who made a personal or Business financial Transactions and get the assured instruments like cheque with malafide intense of the accused. Advocate Paresh M Modi is Cheque Bounce Lawyer in Ahmedabad having enough experience regarding NI Act 1881. Advocate Paresh M Modi is also the Best Advocate in Ahmedabad, Gujarat, Specialist of Negotiable Instrument Act 1881, Section 138. He is the Best Lawyer near me for Cheque Return Cases, Criminal Cases, Family Matters and Civil Matters in Ahmedabad, Gandhinagar, Nadiad, Anand, Baroda, Vadodara, Surat and other Small town of Gujarat State Call Now : 9925002031.
Expertise :
As a Cheque Bounce advocates we have very good experience. we know how to do interpretation of each section of NI Act 1881, our professional team of Criminal lawyers knows how to file the complaint for Cheque Return Case and handle the Complainant, accused, Bank Officers, Postal Departments person, witnesses during the cross examination and also knows how to identified weak section of the Case like, contention of legal notice, Reply of notice, complaint and entire case facts.
As a procedure People who are found to have violated a criminal statute — whether through their own confession by a “guilty” plea or as a result of a entire trial case, they can be punished through imprisonment up to 2 years with the fine of up to double amount of bounced cheque and other penalties may be imposed.
But in all situation our best cheque Dishonor lawyers are handling the matter and due to good experience, we have proven records of some benchmark cases of individuals and corporates.
At present we are taking care of number of companies and NBFC’s cheque bounce cases in Ahmedabad, Gandhinagar, Nadiad, Anand, Baroda, Vadodara, Surat and other Small cities of Gujarat State.
Offer :
As a Specialist lawyer of Cheque Bounce cases, Negotiable Instrument Act 1881, Section 138 cases, we are offering legal services in Gujarat for entire case handling for complainant as well as Accused. Our services begins from legal notice or Reply of legal notice for cheque bounce to final order of Hon’ble court as well as Accused.
Except NI Act 138 cheque Return Cases, We do Bail Application – Appeal in session court and Gujarat High Court for different types of criminal cases like financial Fraud, Property cheating Murder prohibition PASA NDPS drug PMLA Act Case, Cyber-crime and other lots of crime.
Result or Benefits :
As per Advocates Act 1961, lawyers cannot give assurance and guaranty or warranty of result and time in any form but we assured that our clients will get good legal services from specialized Criminal lawyers and Advocates. They will get good guidance, perfect legal remedies as well as result oriented efforts of our team and thus our intelligent Advocates may be able to negotiate a compromise with the prosecution for the benefit of our client, As an experienced lawyers, we can give you the best options for your Criminal case and defend you at trial Court, Session Court and High Court.
Frequently Asked Questions :
1. What is a negotiable instrument act and its types?
Ans. A negotiable instrument is a legal document written and signed by one party to ensure it will pay or repay the required amount within a specific time range or on-demand. It is transferable, and an individual or entity has the liberty to decide whether they want to encash it or transfer it to consecutive payees.
2. Is there bail for cheque bounce case?
Ans. Dear client, There is no anticipatory bail for offence under cheque dishonor. The offence is a bailable offence. The parameters to be considered is when was the cheque issued, when was it presented in the bank and the burden to prove the transaction lies with the complainant.
3. What is the time limit to file the cheque bounce case?
Ans. As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed. In case the case is filed beyound that time then the same shall be time barred.
4. Who is the best Lawyer For Bounced Cheque in Ahmedabad?
Ans. Advocate Paresh M Modi is the best lawyer in Ahmedabad for cheque bounce cases (Negotiable instrument act 1881).
5. As an Accused, to whom I have to consult for my NI Act cheque Bounce Case in Gujarat State?
Ans. If really you want to defend your case as an Accused, you must hire the Advocate Paresh M Modi for your complicated criminal Case of NI Act section 138.
Questions related to Cheque Bounce Case and Negotiable Instruments Act in India:
- What is a cheque bounce case?
– A cheque bounce case occurs when a cheque presented for payment is dishonored by the bank due to insufficient funds or any other reason. - What is the legal recourse available for a bounced cheque?
– The legal recourse available is to file a complaint under Section 138 of the Negotiable Instruments Act, 1881. - What is the punishment for cheque bounce under Section 138 of the Negotiable Instruments Act?
– The punishment includes imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, or both. - What are the essential elements to prove under Section 138 of the Negotiable Instruments Act?
– The existence of a legally enforceable debt.
– Issuance of a cheque towards discharge of debt.
– Dishonor of the cheque.
– The recipient of the cheque serving a legal notice demanding payment within 30 days of the dishonor.
– Failure of the drawer to make the payment within 15 days of receiving the notice. - Is there a time limit for filing a complaint under Section 138?
– Yes, the complaint must be filed within one month of the date on which the cause of action arises. - Can a cheque bounce case be settled outside of court?
– Yes, the parties can mutually settle the matter outside of court before or after the filing of a complaint. - What is the procedure for filing a complaint under Section 138?
– The payee or holder of the cheque must issue a legal notice to the drawer demanding payment within 30 days of the dishonor.
– If the payment is not made within 15 days of receiving the notice, a complaint can be filed before the appropriate court having jurisdiction. - Can a company file a complaint for a bounced cheque?
– Yes, a company can file a complaint under Section 138 of the Negotiable Instruments Act. - Can a cheque bounce case be filed against a post-dated cheque?
– Yes, a cheque bounce case can be filed against a post-dated cheque if it is dishonored upon presentation. - Can a cheque bounce case be filed for a cheque issued as a gift or donation?
– No, a cheque bounce case cannot be filed for a cheque issued as a gift or donation as it lacks consideration. - Is there a provision for compoundable offenses under Section 138?
– Yes, with the consent of the payee and the court, the offense under Section 138 can be compounded. - Can a cheque bounce case be filed against a stale cheque?
– No, a cheque bounce case cannot be filed against a stale cheque as it is not legally enforceable. - What is the role of the court in a cheque bounce case?
– The court examines the evidence presented by both parties and decides whether the offense under Section 138 has been committed. - What defenses can be raised by the drawer in a cheque bounce case?
– Lack of consideration.
– Payment already made.
– Cheque issued as security.
– Dispute regarding the debt. - Can a cheque bounce case be filed for a cheque issued as a loan repayment installment?
– Yes, if the installment cheque is dishonored due to insufficient funds, a cheque bounce case can be filed. - What is the role of the bank in a cheque bounce case?
– The bank provides the dishonor memo and other relevant documents to the payee or holder of the cheque, which are essential for filing a complaint. - Can a cheque bounce case be filed if the cheque is dishonored due to signature mismatch?
– Yes, if the signature on the cheque does not match the specimen signature provided by the account holder, a cheque bounce case can be filed. - Can a cheque bounce case be filed for a cheque drawn on a closed account?
– Yes, issuing a cheque on a closed account amounts to an offense under Section 138 of the Negotiable Instruments Act. - Can a cheque bounce case be filed if the cheque is dishonored due to “payment stopped by drawer” reason?
– Yes, if the drawer issues instructions to the bank to stop payment on the cheque, and it is dishonored as a result, a cheque bounce case can be filed. - Can a cheque bounce case be filed for a cheque issued by a minor?
– No, a minor cannot be held liable under Section 138 of the Negotiable Instruments Act. - What is the limitation period for filing an appeal against the judgment in a cheque bounce case?
– The limitation period for filing an appeal is 30 days from the date of the judgment. - Can a cheque bounce case be filed if the cheque is dishonored due to technical reasons like overwriting?
– Yes, if the cheque is dishonored due to technical reasons like overwriting, a cheque bounce case can be filed. - Can a cheque bounce case be filed against a post-dated cheque presented before the date mentioned on it?
– No, a cheque bounce case cannot be filed if a post-dated cheque is presented before the date mentioned on it. - What is the difference between a civil and criminal remedy for a bounced cheque?
– Civil remedy involves recovering the amount through a summary suit, while criminal remedy involves filing a complaint under Section 138 of the Negotiable Instruments Act. - Can a cheque bounce case be filed if the cheque is dishonored due to insufficient funds after the re-presentation?
– Yes, if the cheque is dishonored again due to insufficient funds upon re-presentation, a cheque bounce case can be filed.