Section 138 NI ActSection 138 NI Act

Criminal »Posted 1 Oct 2008

legal questionSir/Madam

I have filed case under section 138 NI act (cheque bounced). There was no reply to the notice which I had sent through advocate. The court had issued summons. When on the said date the accused did not appear. I got information from the court that there was no report as whether the summons had reached accused. As per advocate\\\'s advice I then I hand delivered (through police) it. The summons was handed over to the accused\\\'s wife as the accused was not available. On the said date again the accused did not turned up. The court said that handling over the summons is not considered. It is difficult to find the person as he is almost out. He is working. I stay in Mumbai and he stays in Pune. Kindly advice


legal answer from lawyer E00000019The court proceedings are usually hard for common man to deal with .You are advised to continue the court proceedings through an advocate



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non-service of bailable warrantnon-service of bailable warrant

Criminal »Posted 20 Nov 2008

legal questionSir/Madam

I filed a suit u/s 138 N.I. act against someone.i received non bailable warrant against the accused but failed to serve it over the accused as he is absconding.what should i do now?


legal answer from lawyer E00001215 Apply the to the court for attachment of the property of the accused.



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section 138 of negotiable instruments act section 138 of negotiable instruments act

Criminal »Posted 14 Dec 2008

legal questionSir/Madam

Sir, i have recieved the notice from the lawyer and the bailable warrant from the bank, as i was unable to pay the PERSONAL LOAN amount to the bank on time from last 7 months because of my financial condition (i lost my job & the loss in share market crash). i\\\'m ready to pay the loan amount but recovery agency not ready to give me more time. and i have been called to court on 3 jan-08. kindly suggest, what is the minimum % of emi i can pay to avoid this situation or what are other solution for the same and the consequences i will face.


legal answer from lawyer E00000019You are advised to appear before the court on the day you are called for. The court proceedings will takes its own time to reach a final stage .And you will get the time to relax .But you should conduct the case properly and update the court proceedings .You are advised to find the apt lawyer to conduct your case .He may be able to reach a settlement with the other side attorney .You are advised to seek the help of the nearest lawyer available



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post dated security cheque bouunce stating insufficient fundpost dated security cheque bouunce stating insufficient fund

Criminal »Posted 12 Jun 2009

legal questionSir/Madam

MY FRIEND WAS DOING A TRADIN BUSINESS OF SHARES AND IN THE YEAR 2007.HE TOLD ME TO INVEST SOME MONEY WITH HIM AND HE WILL GIVE ME RETURNS ON THE AMT INVESTED WITH HIM..I GAVE HIM 100000/-BY CHEQUE IN FEB 2007..TILL DECEMBER 2008..HE GAVE ME GOOD RETURNS..BUT THEN HE STARTED DENYING AND TOOK A STAND THAT HE HAS RETURNED ME ALL MY MONEY WITH HE USE TO PAY ME EVERY MONTH..AND STATES THERE IS NO OUT STANDING..THEN I DEPOSITED THE CHEQUE WHICH WAS AS A SECURITY WITH ME..IT GOT BOUNCED STATING INSUFFICIENT FUNDS.THUS WHAT SHOULD I DO NOW..I ISSUED HIM A NOTINCE WHICH HE DIDNT CLAIM AND IT CAME BACK..I ALSO POSTED THROUGH U.P.C.THUS NOW WHAT CAN BE DONE PLEASE HELP..AS NOW I AM BADLY IN NEED OF MONEY AND HE IS NOT RESPONDING TO ME NOR MY NOTICE..HE HAS DONE THIS WITH MANY PEPOPLE I HAVE COME TO KNOW..PLEASE HELP ME OUT PLZ.I HAVE THE PROOF THAT HE HAS TRANSFERED THE MONEY AS STATING PROFIT WHICH HE USE TO TRANSFER EVERY MONTH..PLZ HELP ME WHETHER I CAN FILE A CASE AGAINST HIM..AND SHALL IT BE IN MY FAVOUR..AS HE HAS CLEARLY CHEATED ME..PLZ MAIL ME THANKYOU


Reply for lawyer noticeReply for lawyer notice

Criminal »Posted 7 Jul 2009

legal questionSir/Madam

Received a notice from bank u/s 138 of NI Act. Have to give reply of legal notice


legal answer from lawyer E00000019If you want to contest the case in the court, you can send a reply notice. It is always advisable to send a reply thru a lawyer.



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