Kanika
WHEN 138 ( CHEQUE BOUNCE) CASE , N.I ACT CAN BE FILED ?
Kanika bhardwaj 2 Aug 2018

WHEN 138 ( CHEQUE BOUNCE) CASE , N.I ACT CAN BE FILED ?

WHEN 138 ( CHEQUE BOUNCE) CASE , N.I ACT CAN BE FILED ? 1- Accounts closed. 2- Insufficient funds. 3- Mismatch of signatures. 4-Payment stopped by drawer. 5-Discrepancy in date or amount written WHERE THE CASE WILL BE FILED ? The complainant has to file a case which comes under the jurisdiction of area/locality/ branch where he has presented the cheque for clearance.  e.g if the complainant resides in NCR but he has presented the cheque for clearance in saket, then the case will be filed in the concerned court of saket. ( So present the cheque carefully nearby your area/branch only in order to save yourself from further harassment) In such cases, the court already assumes that the accused is at fault. The court assumes that the accused person has to pay because when a person signs a cheque and hands it over to other person, then definitely there will be some liability on the accused. Thus, the burden of proof lies on accused. The complainant need not prove his case.  MANDATORY PROOF'S FOR FILING CHEQUE BOUNCE CASE: 1- ORIGINAL BOUNCED CHEQUE 2- ORIGINAL BANK MEMO 3- COPY OF LEGAL NOTICE 4- RECEIPT AND TRACKING REPORT OF LEGAL NOTICE 5- ID PROOF OF COMPLAINT KANIKA BHARDWAJ ADVOCATE, NEW DELHI BA.LLB, LLM ( BUSINESS LAWS)  PH -91-9582000415


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Ajai kumar mishra
Very useful
Ajai kumar mishra 3 Aug 2018
Ajai kumar mishra
Very useful
Ajai kumar mishra 3 Aug 2018
Ajai kumar mishra
Very useful
Ajai kumar mishra 3 Aug 2018
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