Dishonour of Cheque

Transfer cheque bounce case to my current place of living

I want to transfer cheque bounce case to my current place of living. I took a personal loan from Kotak Mahindra Bank for 4 lacs and had been paying EMI for up to 19 months and due to COVID and loss of job. After the moratorium, I am not able to pay my emi. But the bank bounced my cheque for the whole loan amount and filed 138 in Gujarat Ahmedabad.

I’m living in Tamil Nadu. The bank had processed the loan in Chennai. But they intentionally filed the case in Gujarat and harrassing me to repay the whole amount. The loan itself is an unsecured loan and loan tenure is upto 2024. My outstanding due is around 2 lacs but they bounced the cheque for the whole amount. 

They had collected my cheque for loan process and EMI before actual payment of loan amount. Please advise me in this regard sir. How to deal with this issue. Can I file any petition in Madras High court to change the case from Gujarat to my native or any way to deal with this.

What to do when someone forcefully took signed cheque book

My friend forcefully took my signed cheque book and presented nine cheques in the bank. All cheques have bounced due to insufficient fund in my saving bank account. After that, he sent a legal notice to make the full payment in fifteen days.

Sir, I want to inform you that the total amount signed in the cheque is higher than the actual outstanding. He tried to file a false case under section 138 of the Negotiable Instrument Act for the dishonour of cheque. Hence, he presented those cheques and served demand notice to me.

I am at the verge of substantial economic crisis and not able to pay the whole amount. A lawyer friend suggested him to do that act o as to book me in a criminal case. Please help.

Dishonour of security cheque commits no offence under section 138 NI Act

I have taken a loan from bajaj finseve. I gave three cheques for security purpose. I paid 18 EMI on time. From last few months, I was not able to pay EMI. They filed the cheque and deposited to the bank, which dishonoured due to insufficient balance.

Moreover, they filed a case against me. What will be the next procedure? The SI is calling me. I m not able to pay. What to do, kindly assist me.

Cheque bounce due to the closure of account

Cheque bounce due to the closure of account. My friend has closed his bank account even he knew that he has already issued a cheque to me. Actually he does not want to repay borrowed money. I want to know whether cheque bounce case would be initiated against him for...

How to file a complaint under the NI Act

Sir, how to file a complaint under the Negotiable Instrument Act? I am a software engineer and working in Infosys. One of my colleagues met financial hardship so he requested me to give five lakh rupees. Therefore, I remitted three lakh rupees in his bank account. At the same time, I took a print out of that transaction record and sent it on his WhatsApp number.

After seven months he issued a cheque valued rupees three lakh. That cheque was dishonoured due to insufficient fund. I think he is not willing to pay that amount so I want to take legal action against him under the NI Act. Please guide.

When can I file complaint in cheque bounce case

When can I file a complaint about the offence of dishonour of cheque? Dishonouring of a cheque for insufficiency of the fund in the account is generally called bounce of cheque. Section 138 of the Negotiable Instrument Act 1881 envisages bounce of cheque is an offence and also provides punishment for the offence of cheque bounce.

Dishonour of security cheque is no offence under N I Act

I gave a loan to my friend because he was facing some financial hardship. At the same time, he gave me a security cheque. That security cheque was bearing the equal amount of loan because he intended to secure the loan. However, I was quite sure that he will repay the loan within 2 months but unfortunately, he failed to do so. 

Thereafter, I made some query regarding the repayment of the loan. He told me to encash the security cheque and after receiving his assurance, I presented that cheque in the bank. The bank informed me that he has dishonoured the cheque.

I sent him a demand notice to pay the loan amount but he did not reply. After receiving no response from him, I have filed a complaint against him. At the trial, he pleaded that it was a security cheque, therefore, he stopped that cheque. He said that no offence is made out under section 138 NI act. Is he right? What the law towards security cheque?

Trial of cheque bounce case

I like to file a check bounce case in fast track court. Is there any specific procedure for applying a case in fast track court? Will I get a quick judgement than the normal court? ( I have heard check bounce cases pending for 3 years in normal court). Is it possible to convert cases from normal court to fast track court?

Cheque bounce case

Within what time can I expect justice for a check bounce case? (either I have to get money or action against the person who issued the check). If he fails to pay, what would be the minimum and maximum legal action against that person?

What would be the approximate court expense and lawyer fee (pls mention yours) for undertaking the check bounce case? (In my case the check bounce amount is RS 50,000). Bouncing of a cheque invites criminal prosecution under section 138 of The Negotiable Instruments Act, 1881. Punishment for the offence under section 138 of the NI Act is imprisonment up to two years or fine which may extend to twice the cheque amount or both. The offence is bailable, compoundable and non-cognizable.