Cheque Bounce Lawyer In Ahmedabad
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 such as – insufficient balance in the account, stopped payment, Account Suspended, overwriting, expired validity of the cheque among various others, 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.
As an advocates we have enough experience and we know how to do interpretation of each section of NI Act 1881, our professional team members know how to file the complaint and handle the Complainant, accused, Bank Officers, Postal Departments person, witnesses during the cross examination and also know how to identified weak section of the 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 admission by a “guilty” plea, or as a result of a trial — can be punished through the imposition of fines up to double amount of cheque, imprisonment and other penalties. But in all situation our best lawyers are handling the matter and due to good experience, we have proven records of some benchmark cases of corporates.
As a Specialist lawyer of Negotiable Instrument Act 1881, Section 138 cases, we are offering legal services for entire case handling for complainant as well as Accused. Except NI Act Cases, We do Bail Application – Appeal in sessions court and Gujarat High Court for different types of crime like financial Fraud, Property cheating Murder prohibition PASA NDPS 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 services from specialized lawyer and Councilors, will get good guidance as well as result oriented based efforts and thus our good lawyers 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 case and defend you at trial.
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 (negotiate instrument act 1881).