What is the primary evidence under section 138 of the NI Act?
The Supreme Court observed that the legal requirement which Section 138 embodies is that a cheque must be drawn by a person for the payment of money to another 'for the discharge, in whole or in part, of any debt or other liability'. A cheque may be issued to facilitate a commercial transaction between the parties.23-Jun-2022
Section 138(b) of the Act inter alia provides that the payee has to make demand for the payment of money by giving a notice “to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid”.06-Feb-2022
What is the new amendment of 138 NI Act?
The amendment inserted a new section that is section 148 and stated that in case of an Appeal filed by the drawer against conviction under section 138, the Appellate Court may order the Appellant to deposit such sum which shall be minimum of twenty percent of the fine or the total compensation awarded by the trial 24-Feb-2022
When the cheque bounces due to insufficient funds and is returned by the bank, the payee should send a legal notice to the drawer of the cheque asking to make the payment. Cheque bounce is an offence under Section 138 of the Negotiable Instruments Act, 1881 in India.14-Apr-2022
How do you escape a cheque bounce case?
File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.
U/S 138 YOU CAN PROTECT YOURSELF ONLY IF YOU HAVE PROOF THAT THE CHEQUE IS GIVEN AS SECURITY . SECURITY CHEQUE IS OUTSIDE THE PREVIEW OF CASE U/S 138 . IF YOU HAVE NO PROOF OF SECURITY THAN YOU ARE LIABLE TO BE PROSECUTED U/S 138 AND GO FOR THE BAIL AND APPOINT A LAWYER TO PROCEED.
Can 138 notice be sent after 30 days?
After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice.
Once a criminal complaint under Section 138 of the Negotiable Instruments Act is filed, the same cannot be amended.09-Sept-2021
Can FIR be lodged for cheque bounce?
Can I file an FIR for a cheque bounce? Yes, you can file an FIR against the person who has issued a cheque. A person can then file a case against the issuer of the cheque under Section 420 or 406 of the Indian Penal Code (IPC) in a criminal court.25-Apr-2022
Yes it can e transferred in the given facts. It shall be transferred wherein your bank branch is located. The court shall return the complaint but not transfer, if it is lacking jurisdiction. Yes.
What are the conditions that must be fulfilled in order to initiate proceeding under s 138 of the Negotiable Instruments Act, 1881?
To constitute an offence under Section 138 of the Act, the following ingredients are required to be fulfilled:
What is the validity period of a Cheques as per Section 138 of the Negotiable Instruments Act 1881 Latest amended )?
Cheque must be presented within 3 months or within validity period whichever is earlier.
If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate's court within a month of the expiry of the notice period.
Is cheque bounce a criminal case?
If a cheque is bounced citing insufficient funds in bank account, it is a criminal offence and the payee - the person or the bank - can file a complaint under Section 138 of the Negotiable Instruments Act.04-May-2022
But cheque bounce cases are rising in today s time and the Indians courts are filled with these cases which are filed under Section 138 of the Negotiable Instruments Act,1881. These cases are usually to extract money from someone or to harm and spoil his/ her reputation.
What is the minimum amount for cheque bounce case?
Act, a minimum of 20% of the fine or compensation awarded by the trial court is directed to be deposited, said SC. Cheque Bounce Case: The Supreme Court has held that the accused shall deposit 20 per cent of the amount in question to appeal against order in a cheque bounce case.11-Jan-2020
On a perusal of the materials available on record, for the offence under Section 138 of the Negotiable Instruments Act, the accused can rebut the evidence of the respondent by cross-examination, by examining witnesses on the side of the petitioner and produce materials and documents to rebut the evidence of the 01-May-2022
How many times cheque can be presented?
A Cheque can be presented any number of times in the bank within its validity period. If a cheque bounce occurs due to insufficient funds or signature mismatch, both the drawer and the payee are charged by their respective banks. However, a bounced cheque can be redeposited.09-Jun-2020
According to me in a case of check bounce court can not condone the single day to file complain under section 138 of negotiable instrument act becouse the limitation act 1963 doesn't apply upon check bounce cases and only such limitation act empowered the court under section 4 that after Expiry of prescribed period
Can NI 138 and IPC 420 be filed together?
Answer By Lawyer : 138 NI act and 420 IPC can be filed simultaneously.
What is the primary evidence under section 138 of the NI Act?