December 17, 2019 at 2:49 am #8131
1) How long does it take for a court to decide the cheque bounce cases?
2) How our lawyer can make a strong case as we are suffering a lot, I am a suger, bp and heart patent.
3) When we get new dates is it written or just dialogue?
4) Our lawyer was very hard before filling a case but now he looks soft. He never says anything unless we ask nor he informed us abbot Judge leave.
0December 18, 2019 at 12:58 am #8261
- This topic was modified 3 months, 1 week ago by girish ghui.
Adv. Priya LohakareParticipant@priyalohakare
1) Usually, it takes around 1 year’s time but depending upon the workload of a court it may take 2-3 years.
2) Now, that is a hard question as one needs to know the complete facts.
3) It is provided by the magistrate and is written on the daily case register and also over the Roznama.
4) It is true judges do not inform the lawyers as to their leaves. Further, your advocate must be busy with multiple cases and the next date of yours would be far enough hence you are thinking he’s becoming soft.0January 10, 2020 at 11:51 pm #39850
KISHAN RETIRED JUDGEParticipant@KishanRetiredJudge
Cheque bounce FAQs Negotiable Instruments Act
1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?
Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation – 20% – Without depositing this amount the accused cannot defend the case.
Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction
The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.
This amount shall be in addition to the amount already paid by the appellant under Section 143A.
It received the assent of the President and was notified in the Official Gazette on 02.08.2018
1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?
A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:
a) Place of drawing of the cheque,
b) Address of bank where cheque was presented (holders bank address),
c) Address of bank where cheque is payable (drawers bank address)
d) Place from where notice was received by drawer of cheque
a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint.
2. What can I do if it has been more than 30 days since I received information of dishonour of cheque?
If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act.
3. How long after notice has been served can I file a case against the drawer?
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. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque.0
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