Best lawyer in Delhi for Cheque Bounce Cases
Best lawyer in Delhi for Cheque Bounce Cases is available to assist you if you are having problems with checks or if you have checks from debtors that have bounced or been dishonored.
Summons for a under section 138 NI Act (Negotiable Instruments Act)
Contact us:
Advocate Mandeep Singh
Mobile: 8920674632 / 9873004312
Email: [email protected]
In addition to this, there are a number of other issues that may arise. For example, you might receive a court summons for a 138 NI (Negotiable Instruments Act) complaint, or you might receive a cheque bounce notice.
In either case, you should only use the services of the any Lawyer Firm, which is the most reputable and laudable firm.
We are in high demanded as the Best Lawyer For Cheque Bounce Cases in Delhi because our services are among the best in India, meeting and resolving all of your wants and inquiries in the shortest amount of time, within your predetermined budget, and above and above your expectations.
Additionally, it has been noted that most civil wrongs have been transformed into criminal offenses by key statutes like the Negotiable Instruments Act of 1881.
Hence, in accordance with Section 138 of the Negotiable Instruments Act, 1881, if you are in discharge of any such legal liability issue and a banker dishonored your check, you will undoubtedly be held accountable for your actions and may face a two-year prison sentence or a fine that could equal twice the amount of the check.
Cheque Bounce Case Stages
Notice:
When a case involving a bounced check is brought before an advocate, the advocate is required, at the client’s request, to serve legal notice to the check writer within 30 days of the date of the bounced check, requesting an amicable resolution or demanding payment of the amount that was not paid on the check, and giving the recipient 15 days to respond, resolve the matter, and attaching a copy of the bank memo.
Instead of starting from the date the notice was sent, the opposing party has 15 days to resolve the dispute after receiving it. There is no basis for legal action, and the client must wait the full fifteen days for the other party to react, resolve the issue, and close the file. The holder of the check may launch a criminal case before the relevant court within 30 days of the stated time expiring if the other party did not answer or did not wish to resolve the situation within the allotted 15 days after the supplied term was over. If the delay exceeds the allotted thirty days, the court may excuse it if adequate justification is shown.
Filing complaint:
It is necessary to file the complaint with the jurisdictional magistrate no later than thirty days after the cause of action accrues. At the moment of filing, the complainant must be in front of the magistrate in person. Since most courts would not hear cases in the complainant bank’s jurisdiction, the complaint should be filed in the accused bank’s jurisdiction. The Honorable Judge will forward it to the Section for review and posting once section staff members confirm that the papers and jurisdiction are correct.The file will be sent to the Hon’ble Judge if it is satisfied. When the documents are checked and shown, the originals must be presented to the relevant authority. The magistrate will post the matter for a sworn statement if the Honorable Judge is satisfied with the Check N Put up and the Case.
Oath of Office/Sworn Statement:
The complainant must now go into the witness box and provide more information about the case. In the event that the magistrate finds sufficient evidence to support the complainant’s allegations, he will summon the accused.
Look of the Accused / Appearance of Accused:
The accused is required to appear in court upon receipt of the summons. Recording of Plea would be the next step if the accused shows up. The judge will issue an arrest warrant for him if he fails to show up in court. Following their appearance, the accused is expected to appear in court and get bail, either with or without sureties. The accused may post cash security in lieu of a surety if he is unable to provide one. After the case is over, the accused will receive their money back.
Plea Recording /Recording of Plea:
The accused will be asked by the court whether or not he committed the offense during the next phase. The accused will be punished right away by the court if he acknowledges his guilt. The court will post the case for evidence if he enters an innocence plea.
Proof / Evidence:
The process of providing the complainant’s evidence—known as the examination-in-chief—usually takes the form of an affidavit. He must present all supporting documentation for his claim, including copies of notification, dishonor memos, and bounced checks. The accused will later cross-examine the plaintiff. If the complaint has more witnesses, then their testimony must also be documented.
Declaration of the Accused/Statement of the Accused:
Following the conclusion of the complainant’s side testimony, the accused will be asked several questions by the court regarding his guilt. An accused person must provide his or her version of events.
Evidence in defence/ Defence Evidence:
The accused will have a chance to present his evidence to the court following the accused’s statement. The accused may also present witnesses and supporting documentation for his case. The complainant will cross-examine the accused and his witnesses. The case is then put out for arguments.
Arguments / Arguments:
Before the court, the accused and the complainant will present their cases. They can also provide Supreme Court and high court rulings to bolster their arguments. The court is typically also provided with a written argument that summarizes the oral argument.
Evaluation/Judgment:
The case is posted for judgment following the arguments. If the accused is found guilty by the court of the crime, he will either be fined or put in jail. He will be exonerated by the court if he is innocent. Within 30 days of the conviction, the accused may seek an appeal with the sessions court.
In certain cases, you may even be subject to both of these penalties.
In these circumstances, significant difficulties include:
The check’s issuance and execution are verified.
All statutory facts are included in the notice; it is deemed to have been served;
it is a legally enforceable debt;
it is the liability for which the check is issued;
and the notification is sent in accordance with the applicable notice period.
Naturally, each of the aforementioned diverse defenses is open to the accused to fully defend an activity, contingent upon the specific issues or circumstances.
Call Advocate Mandeep Singh
Best Lawyer For Cheque Bounce Cases in Delhi & summons issued for bail in 138 NI (Negotiable Instruments Act)
Contact us:
Advocate Mandeep Singh
Mobile: 8920674632 / 9873004312
Email: [email protected]
