Search results

Cross Examination In Cheque Bounce Cases NI 138 - LexSpeak

Again here first you have to give an explanation about cheque given to the complainant on what condition and then cross examine… Q1. What was the mode of payment of loan? Q2. If it is cash can he show bank withdrawal? Q3. If cash amount is huge then what was the source? Q4. Has he filed ITR? Q5. Has he mentioned amount in the Balance Sheet? Q6.

https://lexspeak.in/2020/05/cross-examination-in-cheque-bounce-cases-ni-138/

What Questions Is Asked In Cross Examination Of Cheque Bounce Case

In Cheque Bounce Law Which question is usually ask in cross examination to the complenant in cheque bounce cases Answers ( 2 ) The questions asked in the cross-examination are totally depended on the facts of the case and nature of the transaction. There are no standard questions for the same.

https://lawrato.com/cheque-bounce-legal-advice/what-questions-is-asked-in-cross-examination-of-cheque-bounce-case-71312

What Kind Of Questions Is Asked During Cross-examination Of..

What kind of questions is asked during cross-examination of complainant in cheque bounce case of negotiable instrument act? Ans. All questions asked during cross examination are based on facts and circumstances of the case. Lawyers basically read the whole case and depend on that make questions. These questions are related to case only.

https://lawyerinc.net/asnwers-for-questions-asked-during-cross-examination-of-complainant-in-cheque-bounce-case

Cross Examination In Cheque Bounce Cases NI 138 Best Strategy ... - YouTube

Cross Examination in Cheque Bounce Cases NI 138 Best Strategy to winwatsapp 9891549997Article- https://lexspeak.in/2020/05/cross-examination-in-cheque-bounce...

https://www.youtube.com/watch?v=-36rRnbTYLE

How To Cross Examine In Court During The Trial Of Cheque Bounce Case ...

Cross examination of Complainant in Cheque Bounce Case under Section 138 of The Negotiable Instruments Act. Some very important questions to be asked in the Court during the trial of the the case...

https://www.youtube.com/watch?v=SJ1hKrHn0NY

Trial Of Cheque Bounce Case Under Negotiable Instruments Act 1881 ...

IMPORTANT ELEMENTS IN CHEQUE BOUNCE CASE 1. Drawing the cheque. 2. Presentation of the cheque to the Bank. 3. Returning the cheque unpaid by the drawee Bank. 4. Payment demand notice issued to the drawer of the cheque 5. Failure of the drawer to make payment within 15 days of the receipt of notice. ACTS AND LAW GOVERNING CHEQUE BOUNCE CASE

https://www.aaptaxlaw.com/stages-in-cheque-bounce-case-trial-138-ni-act-case-procedures.html

FREQUENTLY ASKED QUESTIONS ON CHEQUE BOUNCE - Advocates Club

answer: yes, as per the principle laid down by the hon'ble supreme court of india in the matter of m/s meters and instruments pvt. ltd. versus kanchan mehta decided on 5.10.2017 where the cheque amount with interest and cost as assessed by the court is paid by a specified date, the court is entitled to close the proceedings in exercise of its …

https://advocatesclub.in/provisions-related-cheque-bounce/

Sh. Nand Lal Virmani Vs . On 6 February, 2019

So long as there is a debt existing, in respect whereof the cheque in question is issued, in my view ... The complainant during his cross-examination has also stated that subsequent to dishonour, the accused used to make the payment of the returned cheque amounts with bouncing charges in cash to the complainant and on said payment, the ...

https://indiankanoon.org/doc/115605515/

Judgment Of Hon'Ble Supreme Court ... Vs . On 9 July, 2018

Brief case of the complainant as per complaint is that the complainant had advanced a loan of Rs.15,00,000/- to the accused vide cheques bearing number 695367, 695368 and 695369 dated 17.08.2010 drawn on PNB, Khanpur, New Delhi on interest repayable by the accused to the complainant in 365 daily installments of Rs.6576/- each.

https://indiankanoon.org/doc/166382654/

All Question Related To Section 138 Negotiable ... - Lawyersclubindia

So, it is generally a tool which can be used by the accused person by calling the witnesses of the complainant again and cross-examining them. 145 (2)The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.

https://www.lawyersclubindia.com/articles/All-question-related-to-section-138-Negotiable-Instrument-Act-1881-9105.asp

How To Fight Cheque Bounce Cases Best Strategies - LexSpeak

Cheque was lost and reporting of loss as well as stop payment prior to issuance of the cheque. What is the case of the petitioner? According to him he had lost the cheque leaf. When was the cheque leaf lost? Under what circumstance was the cheque leaf lost? What is the conduct of the petitioner when he f realised that such cheque leaf was lost?

https://lexspeak.in/2018/04/fight-cheque-bounce-cases-best-strategies/

How To Defend Cheque Bouncing Case - Kaanoon.com

Dear Mr. Kapoor, Fight the case on merit, it is a very strong case in your favour. After receiving the summons from the court, file an application before court u/s 145 (2) of Negotiable instrument act for cross examination of complainant as the above section said145. Evidence on affidavit. [Evidence on affidavit.

https://www.kaanoon.com/718/how-to-defend-cheque-bouncing-case

How To Cross Examine The Bank Witness In 138 N.i Act - Cheques ...

I have to cross examine the following witnesses in 138 N.I ACT 1. Concerned clerk of Punjab National Bank Branch Nabha,along with account opening form and statement of account opening form and statement of account no. 52228976 of Jagtar Singh accused and record of presentation and dishonouring of the cheque No.005611/32005611 dated 25-05-2014 2.

https://www.lawyersclubindia.com/forum/How-to-cross-examine-the-bank-witness-in-138-n-i-act-125172.asp

Stages In A Cheque Bounce Case | Blogs | AdvocateKhoj

5) Evidence: The Complainant has to furnish his evidence, normally by way of affidavit; this is known as examination-in-chief. He needs to produce all documents in support of his case like bounced cheque, dishonor memo, copy of notice etc. Later complainant will be cross examined by the accused.

https://www.advocatekhoj.com/blogs/index.php

Cross Examination Of Complainant In 138 NI Act - Kaanoon

accused handed over 2 blank signed un dated cheques while barrowing 20k. the complainant got filled up cheque for 2.5 lakhs and filed the case. the handwriting on the cheque is by someone else and not by the accused. the signature on the cheque is by the accused. i want to know what are all the questions may be asked for rebuttal of presumptions …

https://www.kaanoon.com/2920/cross-examination-of-complainant-in-138-ni-act

How Long Does It Take To Get The Court Judgement On A Cheque Bounce ...

Originally Answered: What if we have 10 cheque bounces? As per State Bank of India Rule, if cheque of the customer bounces for three times in a year, then bank gives him a warning letter that if his cheque bounced for the fourth time, his cheque facility will be cancelled.

https://www.quora.com/How-long-does-it-take-to-get-the-court-judgement-on-a-cheque-bounce-case-in-India

News: Cheque Cases: Landmark Supreme Court Judgment On ... - SoOLEGAL

The Cheque was, then bounced due to shortage of funds which was drawn on account of another private company M/s Dakshin Granite Pvt. Ltd. wherein Hariharan Krishnan worked as a Director. The Cheque was presented for collection by the respondent through his bank (Indian Bank, High Court Branch, Chennai) on 28 August 2012, which was dishonored on ...

https://www.soolegal.com/news/cheque-cases-landmark-supreme-court-judgment-on-section-138-of-negotiable-instruments-act

Order XXXVII CPC, Section 138 Of Negotiable Instruments Act| Legal ...

Section 138 of Negotiable Instruments Act and Order XXXVIII Code of Civil Procedure, Cheque Return cases. Law General Knowledge for handling cases of cheques returned without fund, due to stop payment etc Some of the Important Legal questions, General terms and Procedures related to return of cheque and handling of cheque return cases are as under:

https://www.aaptaxlaw.com/gk/section-138-ni-act-order-37-cpc-cheque-return-cases-law-general-knowledge-for-filing-handling-cases.html

Steps To Deal With False Cheque Bounce Case

1. Keep a copy of all necessary documents. In the case of false cheque bounce, you must have a copy of all the necessary documents as proof, to show that a transaction has been made with a cheque, which you have issued. These documents consist of payment invoice, a copy of cheque, bank account statement, bank draft cheque and so on.

https://iamcheated.indianmoney.com/blogs/steps-to-deal-with-false-cheque-bounce-case

Cheque Rules Change: High Value Cheques To Bounce If You ... - Firstpost

As per the new rule, customers who are looking to issue cheques will have to inform their respective banks about the cheque details via net/mobile banking or a physical visit to the branch. If the issuer fails to inform the bank prior to the cheque being issued, then the cheques will bounce. This could prove a hurdle for senior citizens or ...

https://www.firstpost.com/business/cheque-rules-change-high-value-cheques-to-bounce-if-you-dont-inform-bank-details-here-9919881.html

Dishonour Of Cheque [S. 138 NI Act And Allied Sections]

( b ) the cheque amount is in discharge of a debt or liability; and ( c) the cheque is returned unpaid for insufficiency of funds or that the amount exceeds the arrangement made with the bank, the offence standing committed the moment the cheque is returned unpaid.

https://www.scconline.com/blog/post/2019/05/07/dishonour-of-cheque-s-138-ni-act-and-allied-sections/

India: Section 138 Of Negotiable Instruments Act: Overview

a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier.

https://www.mondaq.com/india/financial-services/812822/section-138-of-negotiable-instruments-act-overview

Dishonour Of Cheque | Not Filling Details In Cheque, Non-filing Of ITR ...

Saket Courts, Delhi: Swati Gupta, Metropolitan Magistrate (South) NI Act, convicted the accused for an offence under Section 138 (dishonour of cheque) of the Negotiable Instruments Act, 1881.While delivering the judgment, the Court reiterated the well-settled position of law and discarded various defence taken by the accused.

https://www.scconline.com/blog/post/2021/11/15/dishonour-of-cheques-2/

India: Section 138 Negotiable Instruments Act, 1881 - Mondaq

This causes suffering to the drawer of the cheque, although gives flexibility to the payee of the cheque to choose the place where he was to file the cheque bouncing case. Sometimes, several cheques are issued at the same time by a person to the same payee, which are deliberately presented in different banks located at different places, and ...

https://www.mondaq.com/india/trials-appeals-compensation/433334/section-138-negotiable-instruments-act-1881--an-in-depth-analysis

Procedure Laid Down Under N I Act For Trial Of 138 Cases And Supreme ...

Thus there is a trend in recent judgments of Supreme Court in interpreting the law relating to Cheque bouncing cases more in favour of the complainant. ... The complainant is made to appear twice at the pre-summoning stage and post summoning stage for cross examination or re-examination which really does not serve any meaningful purpose in 138 ...

https://www.caclubindia.com/articles/procedure-laid-down-under-n-i-act-for-trial-of-138-cases-and-supreme-courts-recent-directions-20527.asp

Issue Summons By E-mail As Well In 138 Cases; SC Issues Guidelines For ...

The Court concerned must ensure that examination-in-chief, cross- examination and re-examination of the complainant must be conducted within three months of assigning the case.

https://www.livelaw.in/issue-summons-e-mail-well-138-cases-sc-issues-guidelines-speedy-expeditious-trial-cheque-bouncing-cases/

SONIA And PARTNERS [Family & Criminal Defense Lawyers - Blogger

Today we still have approximately 2 million financial fraud cases pending in India that include Bank Scams, Loan Repayments, Cheque Bounce, Insurance Frauds, Money Laundering and Hawala too. One other statistic analyzed by RBI shows 89% of Cheque transaction are less than 1 Lakh, 5% are between 1 to 5 Lakhs and 4% are between 5 to 10 Lakhs.

https://lawyersonia.blogspot.com/2018/

Stages In A Cheque Bounce Case | Blogs - AdvocateKhoj

Later complainant will be cross examined by the accused. If there are other witnesses in support of the complainant, then their evidence also has to be recorded ...

https://www.advocatekhoj.com/blogs/index.php

138 Cheque Bounce Matters - Advocate Ankit Gupta

Cross Examination of the Complainant – the Advocate representing the Accused will have to file an application to cross examine the payee/Complainant and once ...

https://advocateankitgupta.com/f/138-cheque-bounce-matters

Cheque Bounce: Can Accused Examine The Complainant As A ...

23 apr. 2022 ... As per the Bench of Justices GK Ilanthirayin, an accused has the right to demonstrate that a complainant in a particular case didn't have ...

https://lawtrend.in/cheque-bounce-can-accused-examine-the-complainant-as-a-witness-to-prove-his-case-madras-hc/

In The Court Of Ms. Tista Shah Metropolitan

26 jun. 2020 ... The cheque in question in the present case has been drawn from the ... Moreover the complainant has in his cross examination as witness CW1 ...

https://delhicourts.nic.in/Bailorder/2020/June2020/26p.pdf

Cross Examination Of Accused In Cheque Bounce - PathLegal

24 sep. 2018 ... since you have filed the case then you have to prove your case and accused has to prove his innocence by disproving your evidence. in criminal ...

https://www.pathlegal.in/Cross-examination-of-accused-in-cheque-bounce-Q000000000632050.php

138 N.I. Act Certificate Course (Legal Drafting & Cross-Examination)

11 feb. 2022 ... Mechanism of Cheque Bounce Cases ... Question list while Cross-Examination; Establishment of legal transaction; Proving Legal Liability is ...

https://legalthirst.com/legal-thirst-courses-138-n-i-act-certificate-course-legal-drafting-cross-examination-enroll-now/

Complainant+cross+examination | Indian Case Law - Casemine

Learned counsel for the petitioner has submitted...that although, complainant had been duly cross-examined by the petitioner, but certain relevant question ...

https://www.casemine.com/search/in/complainant+cross+examination

THE LAW RELATING TO THE OFFENCE UNDER SECTION 138 ...

Though section 138, N.I. Act penalizes the dishonour of a cheque, however, dishonour of a ... opinion, would mean for the purpose of cross-examination.

http://nagaonjudiciary.gov.in/study material/1581514481917_NI Act.pdf

Examination Of Accused Under Section 313 Of Cr.pc - District Court

is to cast a duty upon the courts to question the accused properly and fairly, so that it is brought home to the accused in clear words the exact case that ...

https://districts.ecourts.gov.in/sites/default/files/workshopscjrajam.pdf

CR Case No. 720/2016. (u/s 138, NI Act). Sri. Rabindra Bora

believable materials in the cross-examination of prosecution/ ... it is up to the accused to prove that the cheque in question had not been issued in.

https://morigaonjudiciary.gov.in/judgment/2021/200600007202016_2.pdf