Sec 138.
What is existing sec 138 for bouncing cheques? This section is always changes. Hence if a cheque is bounced, where the case can b admitted? Is there time.limit for police to act? more
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Police does not have any roll as the very complaint is required to be filed in the Court of Law. Except the Summons & Warrants issued by the Court, which are required to be executed - police does not have any roll to play. As mentioned earlier 30 days from the date of Bounce of Cheque intimation and 15 days thereinafter for NOTICE demanding the payment from the Party is the limitation. Noteworthy to note delay in above attract the "Delay Condonation" Process and without the delay condonation case will not get filed. more
Mar 07
The time limit for filing a case under Section 138, NI Act is one month immediately following the day on which the period of 15 days from the date of the receipt of the legal notice expires. ... more
Mar 06
Yes. There are specific rulling about the procedure to be eadopted i.e. After Bouncing the ch. within 30 days NOTICE to be served on Issuer seeking the payments within 15 days frm the date of "Service" of the NOTICE. Pl. be noted the Notice served on defaulter and Not the posting itself. THE RPAD receipt to the effect is very important. If the defaulter pays &/or responded - well and good, else case to be filed either in the court where the Bank in which the cheque got bounced Or Bank where it was Issued. Bounced cheque, Bank (CH. Return Memo), Notice served proof (Postal Receipt and Acknowledgement Receipt - even it is NOT accepted by the Addressee) are very imortant documents. Once the case got admitted based on above documents the further course of summons, warrants etc folloes. more
Feb 28
For ch. bounce case you have to proceed only legal. First you have to send the legal notice through a lawyer with in 30 days from the date of the debit in your account. second from the date of the notice 15 days normal time for the defaulter to reply back. if you received the reply you are the better judge to decide if not you have to proceed with legal through your lawyer. regular proceedings. the present set up the defaulter has to pay 20% of the amount in to the court at the time of attending the first hearing. once the award passed the 20% will be given to the winner.further you need any details pls call 9381068478. Pls sms before you call since my phone in DND activated. more
Feb 26
