Response
In the event of dishonour oriented cheques based on a lack of available cash in the person’s account with the necessary institutions, Section 138 of the Act establishes a statutory wrong. Furthermore, Section 138 applies to any quantity in excess of that which is planned to be delivered and is in the form of a bank agreement. Cheque fraud is a criminal that involves the collection of a civil claim.
Uncontested means “not disputed” in a court of law, or problems that both parties agree on. The term “uncontested transferred” refers to a case that has not yet been starred but has been transferred to another court or location. A case that is uncontested occurs when the replying party does not aggressively or appropriately fight the lawsuit. Parties can submit the paperwork without retaining a counsel in this situation since it is faster and less expensive.
The case is transferred to a different court, and the case number is likewise changed as a result of the transfer.
Reference: Section 138 of the Negotiable Instruments Act, 1881 – – AHG154 – 202100581 – 76 – 72 – 202100262-20210041-17118
LAWAYZ-2023-946