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RC Gayatri ( )     02 June 2022

Regarding ni act case

Hi,

I have filed a cheque bounce case on a person who issued cheque to me (2 LAKHS). Cheque is filled completely by that person(date, amount, details with signature).

 

I have the proof that I gave money to him as I  made BANK NEFT transaction.  Case will get proved in few more trails.

NOW MY DOUBT IS, WHAT CAN BE THE FINAL VERDICT.  WHY I AM ASKING IS, BECAUSE OF THIS CORONA & ALL CASE GOT POSTPONED A LOT. i SPENT GOOD MONEY FOR LAWYER NOTICE, LAWYER FEES , COURT CHARGES ETC. 

-----------------> CAN I GET 4 LAKHS (DOUBLE PENALITY) ? PLS TELL ME WHAT COULD BE THE FINAL VERDICT WHICH MAY BE COMING.  ?  PLS REPLY.

 



Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     02 June 2022

If you succeed to prove that accused had issued a cheque against legally enforceable debt or liabilty then definitely you will win the case and accused shall be punished for the offence of cheque bounceing ( sec 138 of N.I.Act. ).

RC Gayatri ( )     02 June 2022

Goyal sir,

 

 

I asked you about apples you replied on oranges.

 

Please read my query again 

anubhav Bhatt   02 June 2022

It's a discretion of court otherwise we will pronounce your order and provide apples instead of oranges just have patience order will come soon then decide its a Apples or Oranges and as per covid part is concern everyone suffered so only court will consider that facts no one else.

RC Gayatri ( )     02 June 2022

Anubhav Bhatt sir,

 

Thanks for your reply.  incase if you have to take a guess, can I get double the cheque amount ?

why I am asking this again is,  I lost good time bcause of covid, lawyer fees, court expenses and all. if I get just cheque amount its injustice. 

I know no one can predict perfectly. just a guess. 

Dr J C Vashista (Advocate)     03 June 2022

@ Gayatri Gayatri,

I fully agree and endorse the opinion and advise of expert Mr. Bhartesh Goyal who has obliged you with "apples" but not "orange" as remarked / misunderstood by you. 

You have also agreed that no one can predict as to the outcome of the case especially the punishment /fine  imposed and compensation to be awarded in favour of complainant, which is discretion of the Court with limitation to double the cheque amount and / or 2 years imprisionment as provided in Section 138 of the Negotiable Instruments Act, 1881.

 

Sudhir Kumar, Advocate (Advocate)     12 February 2023

Basically this is not an astrological forum.

 

This forum is also not spokesperson of the court where the case is going on.

 

And the experts offering view here are doing a charitable activity spending their own time / electricity and net connection. 

 

Therefore the sarcastic comments on Mr Goyal are not welcome.


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