If you file a check bounce lawsuit against someone, the case will stand even if he goes bankrupt. It’s important to remember that check bounce cases are criminal in nature, and bankruptcy actions are conducted against properties, not persons. The fee for reporting a bounced check complaint has been increased from INR 200 to a maximum of INR 1.5 lakh.
What does Case Disposed- Uncontested Transferred when neither the petitioner nor the respondent was present for the hearing?
“Section 138 of the Act establishes a statutory wrong in the case of disgrace oriented cheques based on a lack of accessible cash in the person’s account with the relevant institutions.
Uncontested refers to issues that are not in dispute in a court of law or issues that both parties agree on. A case that has not yet been dismissed but has been transferred to some other court or venue is referred to as “uncontested transferred.”
What can you do if a cheque bounces due to signature mismatch?
It’s no laughing matter when it comes to drafting a legal notification. When writing a cheque bounce notification, more caution is required. We need to phrase the notification appropriately since it is a foreshadowing of a future legal action. We cannot make modifications to a notice once it has been delivered, and we cannot contradict the notice’s assertions. A comprehensive proof cheque bounce notification can only be written by a legal professional.
How can one withdraw a cheque bounce case?
A Proclaimed Offender order passed by a trial court can be quashed by the High court or any other superior court. It is advisable to apply for a quashing order instead of an anticipatory bail in case of PO order. This is because anticipatory bails are rarely granted in cases like these.
After that the opposite party can withdraw their complaint and you should pay the amount in front of court. After the withdrawal statement of complainant, the case will dispose off and you wil be acquitted.
What is the court fee structure for a cheque bounce case in Telangana for the amount of 11 lakhs ?
It is Rs. 10. it does not change with amount. it is fixed. It is for Telangana. it changes from state to state. All the court fees should be paid before submission. unless you pay court fee, your file will not get case number only. The court in who’s jurisdiction you are to file the case is the branch area you have deposited your cheque. Do send him a statutory notice before filing the complaint within 30 days of the cheque being bounced.
What are the Court Fees to file a suit for recovery and cheque-bouncing case as well?
to file a case under Section 138 of the Negotiable Instrumenst Act, the Court fee is Rs. 50. However, to file a suit for cheque bouncing, you must deposit 20% of the said amount before the Court. Thus in your case, if the said amount is Rs. 23 Lacs, then 20% of that amount i.e. Rs. 4,60,000 /- must be depostied with the Court. For filing a civil case it would be Rupees 1,09,625 plus 4 per centum of the amount exceeding rupees 20,00,000.
What effect can a cheque bounce case have on government job?
Yes if you convicted in the cheque bounce then it will effect on your job, if your really due amount to the complainant then it is better for you settle the matter before the judgement.
If you can settle this issue with to whom you issued cheque. You can also do outside court settlement. Once if you settle this issue there will be no affect on your job. If you do not settle you have to face punishment given by the court.
is E-mail considered to be a valid legal notice?
Yes, a legal notice can be through e-mail. However, it is advisable to send a copy of the Legal Notice to the addressee via a registered post or courier as well.
Emails can be used as admissible evidence in a court of law if they’re found to be authentic. Once they fit the criteria, the emails can be treated as legal documents. This gives the judge the capacity to subpoena all emails if they are a part of an ongoing legal matter.Many people consider email to be an informal form of communication.
Clarification on CALL WITH MPs stage in the ongoing case
MPs means Miscellaneous Petitions filed by either party.
Is giving a blank cheque as a guarantee for a bond period legal?
It is not safe to give the company a blank cheque. The company can use the cheque for any immoral purpose which will make you fall into trouble.
You have to take the decision of joining the company. If the company didn’t train you that it can’t take an employment bond. It can be challenges in court.
You can instead convince the company to frame an agreement for employment for a fixed duration, in place of the bond.
What is the procedure for bail in a case of cheque bounce?
It’s depends on the court, the cash security deposit in each case differs and depends on prima-facie materials of case moreover the amount deposited you will get back after case was disposed , even you can provide person surety owning some property to avoid cash surety.
Nowadays cheque bounce cases are very dangerous… It is descreationary power of the Magistrate to release the accused on depositing certain amount of cash security deposit between Rs. 3000 to Rs. 25,000…It is better to take second legal opinion to defund the case otherwise most of cheque bounce cases may be ended in conviction
How to proceed with the case when you are a surety to a cheque bounce case?
When the principal debtor defaults in making the payment, the amount is realised by the holder from the surety the latter acquires all the rights and equities of the creditor against the principal debtor and becomes entitled to the benefit of the securities.
The client can withdraw it by filling an application before the court stating the reasons for withdrawal.
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