COURT PROCEDURE / PROCEEDING/ PROCESS in 138 NI ACT / CHEQUE BOUNCE CASE | GO LEGAL

Negotiable Instruments have been used in the commercial world for a long as one of the convenient modes for transferring money. Development in the Banking sector and with the opening of new branches, cheques become one of the favorite Negotiable Instruments. When cheques were issued as Negotiable Instruments, there was always the possibility of the same being issued without a sufficient amount in the account. With a view to protecting drawee of the cheque need was felt that dishonor of cheque, he made a punishable offense. For that purpose, Sec.138 to 142 were inserted by Banking Public Financial Institutions and Negotiable Instruments clause (Amendment) Act, 1988. This was done by making the drawer liable for punishments in case of bouncing of the cheque due to insufficiency of funds with adequate safeguards to prevent harassment of an honest drawer

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[rohitarora]

Limitation = Cheque presented and dishonoured - within 30 days one has to send legal notice - time be given of 15 days to opposite party - after the expiry of 15 days complaint can be filed within 30 days.

[praveenranolia]

There are few things missing/incorrect in this video

1. Notice of accusation or Charge is framed on the accused after summoning and in presence of accused. He may plead guilty or not plead guilty and contest the case.

2. After the recording of evidence of complainant (all witnesses), the statement under section 313 CrPC would be recorded of accused. And before final argument, same opportunity of recording of evidence shall be given to the defence.

[kamleshdeshpande]

Yess sir iam fresher advocate... You are right sir bookish language only understand the theory but for understanding practical proceedings knowledge... This mind mapping system adopted by you and your channel is really helpful for us. Tysm sir plz guide us with new videos like this😊

[AnujKumar-itof]

Sir case 15 days ka time hots hai accused ko ki vo paise de uske bad 30 days tak hum case complaint file kar sakte hai na ki 15 days ke under.

[mallikarjunareddyyanna]

Cheque bounce case accused not attending/absconded/Change the respondent what are steps

[santoshthakur]

Respected sir,
what is closing evidence pursis in civil and criminal cases and who gives the same to court?
And which provision talks about closing evidence pursis ??
kindly reply
regards

[RKsharma-txbj]

Sir mera name Amit kumar h. Mene Rajesh ko 5 lakh ka cheque issue kiya tha but jis din usne bank m cheque lgaya tb mere account m fund kam tha .
To bank se call aya ki apka fund short h ar sign mismatch h to mene bola ki m thori der m fund complete kar dunga ar 2 din bad m bank gya tha fir se sign kiya ar fund b tha but cheque clear nhi hua.
To mene call kiya to bole ki beneficiary ne cheque clear krne se mna kr diya h.
Abi 20 din ho gye na to cheque clear hua h na hi bouce hua .
Bank m call krte h to bolte h rajesh se bat kijiye .
To sir abi kya ho sakta h
Cheque bounce hua to mere against kya action ho skta h

[advocatesabu]

Is it compulsory the signature in the cheque should be put in front of the complainant??

[tejapoornima]

Sir can you guide me regarding how to bring legal representative of accused in 138 NI Act proceedings

[RaqwaniCompany]

I have question regarding cheque bounce. I have invested some amount to a firm for business purpose and the firm failed to pay me back my amount. So after many arguments and request. The firm provided me cheques for some amount as security. After repeated non payment of the said amount. I bounced the cheques and cheques returned as insufficient funds. With my lawyer I sent legal notice within 30 days . already now more than 30 days have occurred and i have not filed any legal case against them. So do i have any chance now to proceed for filing a cheque bounce case. Please help and answer me. Thanks in advance.

[dimplebhatia]

Can complaints adv cross examin the accused on the basis of a plea of defence?

[M.P.Singhz]

Cheque presented and dishonoured - within 30 days one has to send legal notice - time be given of 15 days to opposite party - after the expiry of 15 days complaint can be filed within 30 days.

[sridevivenugopal]

Sir how warrnt is served to accused by registered post? Or do police serve it ..if a warrant is issued against accused does it go automatically from court or the respondent need to take steps for that?

[TaxLordLegalmates]

As per section 138 c of N.I Act it is written that payment to be made within 15 days after a notice is served Kindly Coreect. the drawer of such cheque fails to make the payment of the said amount of money to the payee
or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of
the said notice.

[TheRiyamit]

"Cause of action" is wrongly defined in the video

[legal_enlightening]

Kindly Clear Your Concept On Limitation and Cause Of Action....
COA arises on the 16th Day of notice delivered or undelivered.

[naunihal_utkarsh_official]

You are wrong, the limitations for filing the complainant start when the legal notice delivered and within 15 days you have to file the complainant

[kumarkishlay-qffs]

Limitation wala part Incorrect hai 30-15-30.( 30 days notice period -15 days to Op for reply of notice - then 30 days limitation for filing complaint)

[dattatrayahatkar]

सर मी एडवोकेट आहे मी लीगल नोटीस आरोपीला पाठवली पोस्टमन ने असा शेरा मारला आहे की इंतीमेशन दिली आणि तारीख टाकली त्याच्यापुढे नॉट क्लेम शेरा मारून रजिस्टर पत्र परत आलेला आहे आता या केस मध्ये हे रिफ्युजल आहे काय याचेवर आपण दावा दाखल करू शकतो काय एक महिन्यामध्ये कृपया मार्गदर्शन करावे

[kamleshdeshpande]

Full information got finally... 😊tysm sir