#Cheque bounce lawyer in Kolkata

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How can a Cheque bounce lawyer help?

A “bounced cheque” implies to one that has been dishonored by the recipient bank due to certain reasons. A Cheque Bounce or dishonor of cheque is a serious offense punishable with fine or imprisonment or both under Section 138 of the Negotiable Instruments Act. A good Cheque bounce lawyer in Kolkata can help you with a plan of action, preparation of documents, trials and hearings, case preparation, as well as timely notice filing and dispatching.

If you find yourself in a situation where a check you issued has bounced, there is no need to fret if you enlist the services of a proficient check bounce lawyer. You might receive a court summons under section 138 of the Negotiable Instruments Act. Opting for a check bounce lawyer is a wise decision as they can shield you from significant liabilities by adeptly handling the charges related to your bounced check case in court. In India, bounced checks and the dishonor of cheques are categorized as criminal offenses, and hence require a serious approach.

In the event that you receive a cheque payment that is dishonored or bounced due to insufficient funds in the payer's bank account, seeking the assistance of an experienced Cheque bounce lawyer in Kolkata is advisable. A check bounce lawyer can assist you in pursuing legal actions and facilitate the recovery of the owed amount along with interest through appropriate legal channels.

In Cheque Bounce case, you would have to adhere to a certain timeline to be able to recover the money.  You must firstly send the Demand Notice to the person who has issued you a bounced cheque. The notice should be sent within 30 days from the date of bouncing of the cheque. The person will have 15 days to respond to the notice. Subsequent to the completion of said 15 days, if the opposite party does not settle the matter or ignores the notice, then the holder of the cheque can file a criminal complaint before the appropriate court within 30 days of the expiry of said 15 days. A lawyer would help you with the process.

Details of cheque bounce lawyer, as well as process of Bail in greater Noida can be found online.

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Criminal And Divorce Lawyers In Kolkata? Contact Adriot Legal Services

Rising crime graph and the requirement for legal support have become a noticeable feature in Kolkata these days. Do you need legal consultation from experienced and successful criminal lawyers now? Contact Adriot Legal Services, the top Alipore Court legal experts to get the best criminal lawyers in Kolkata. Marriages are not always successful. If you are in search of a caring, privacy maintains, and best divorce lawyer in Kolkata, we in Adriot Legal Services are the right choice for you.

Adriot Legal Services provides all legal constancy solutions under the same roof!

Adriot Legal Services is a Unit of Adriot Analytical Agencies Pvt. Ltd. Our law firm is based in Kolkata under the leadership of renowned legal experts Advocate Payel Ghosh and Advocate Sudipto Roy. Our team of enthusiastic lawyers is involved in resolving Criminal cases, Divorce & Domestic Violence matters, Company matters, Civil cases, Cybercrime matters, and many more in the courts of Kolkata and most other districts of West Bengal. We are committed to providing a single-window legal service. This means that we arrange Advocates, solicitors, and also as a Legal Consultant for the need of our clients. Our motto is to enable our clients with:

 Experienced advocates

 Best case strategy

 Highest success rate

Adriot Legal Services as the best criminal lawyers in Kolkata

We have the expertise to handle any criminal case for our clients. We can look after the following matters as your criminal lawyer:

 Filing or defending complaint, criminal trial, case and argument

 Filing of anticipatory, interim, and regular bail applications

 Filing the criminal complaint or FIR

 Filing or defending complaint as a cheque bounce

 Filing of revision, criminal writ, appeal, petition

 Filing of a criminal complaint

 Filing or defending a criminal complaint

What we do as the best divorce lawyer in Kolkata

Adriot Legal Services has a dedicated team of best divorce lawyers who can handle your case professionally in the following ways:

 A complaint under the Protection of Women from Domestic Violence Act 2005

 A criminal complaint under section 498A of the Indian Penal Code, 1860

 A complaint under the Dowry Prohibition Act

 Application and filing for Regular Bail, Interim Bail, and Anticipatory Bail

 An application seeking maintenance by wife

Why delay in confusion anymore? Call Adriot Legal Services helpline or visit our website to book our services for the best criminal lawyers or divorce lawyers services in Kolkata now.

Audio :  Criminal And Divorce Lawyers In Kolkata? Contact Adriot Legal Services

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Cheque Bounce Cases, no court shall impose cost on parties if they settle at early stages of trial

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Court Summons Mohammed Shami In Cheque Bounce Case Filed By Wife A court in Kolkata has summoned Indian pacer Mohammed Shami in connection with the alleged dishonour of a cheque given to his estranged wife Hasin Jahan, her lawyer said on Wednesday.

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WHAT TO DO IF SOMEONE IS NOT RETURNING MY MONEY, THEY TOOK FOR BUSINESS PURPOSES?

Borrowing money and lending are an inseparable part of the business field. A person lends money as he believes that the borrower will return if as per the conditions decided while lending the money. However, in case the money was not returned at the time decided, the lender has to make a gentle reminder regarding the same.

In case after repeated reminders the borrower does not pay back the money owed, the buyer can send the notice mentioning the details of the transaction and the conditions agreed by the parties. Even if after sending the notice a satisfactory reply is not received, the lender shall contact a Business Lawyers In Kolkata or his own city to seek proper legal guidance for further legal options available to him.

Lead India offers you a team of experienced business advocates who have been successfully handling the same, in case you need legal advice or assistance for the recovery of money, you may contact us.

Different ways available to recover money from loan defaulters-

Sending a Legal Notice - after the defaulter receives a legal notice, he/she has a period of 15 days to return the money or send a satisfactory reply to the lender, if not, the lender can file a complaint with the court or an FIR with the police.

Summary Suits - as provided under the Order 37 of the Civil Procedure Code, summary suits are the quickest way to recover money, as they are based on the written statement and will speed up the court proceedings.

Criminal case - it can be filed against the defaulter under the provisions of Indian Penal Code, 1860 for recovering the debts.

Negotiable Instruments Act - under this Act, provisions have been provided for recovering the debt instruments such as cheques, bills of exchange, etc.

Insolvency and Bankruptcy Code - To initiate proceedings under this Act, the aggrieved party can approach the National Company Law Tribunal (corporate person), where within a period of 24 days from the date the demand notice was issued, the petition filed by the creditor shall be either accepted or denied by the NCLT.

Civil Suit-

· In case the money was lent through a promissory note or a loan agreement, the lender can file a civil suit for the recovery of the money so owed.

· Under the Order 37 of the CPC, a summary suit could be filed. The suit shall consist of an important declaration about the specific relief the lender expects, also the relief so pled shall not be more than the ambit of the final relief as provided by the order.

· The first step for the suit recovery by a civil suit shall be drafting the summary suit to be summoned to the person who had borrowed the money.

· Related documents shall be produced before the court along with the summons.

· After a suit has been filed, the defendant shall be asked to appear before the court within a period of 10 days.

· In case the defaulter fails to appear before the court, the applicant has to produce the summons that was sent to the defaulter earlier, after which the court will order him to send another summon.

· After the due process, the court shall give the judgment as required.

· An application under the Negotiable Instruments Act can also be filed in case the money was lent from checks, exchange bills, etc.

· In case the borrower returned the money through cheque, which got bounced, the aggrieved party can file a suit under Section 138 of the NI Act. In this situation, the borrower has to pay the debt within a period of 30 days. Failing to do which, the lender can file a criminal suit, the imprisonment in this case could for a period of two years also, and the borrower could be ordered to pay double the amount of cheque issued.

· As could be understood from above, different laws have been provided for different cases, in case you are facing the situation where the money lent could not be recovered, it is advised to seek professional guidance from a Business Lawyers In Lucknow for recovery of the money lent.

Criminal Suit-

· The lender is required to prove that the borrower had committed a criminal breach of trust and also did not return the money

· a suit could be filed under Section 420 of the IPC for cheating the money from the lender, also under Section 406 of the IPC case could be filed for Criminal Breach.

· In case the court finds the borrower guilty, a sentence of imprisonment could be filed also shall have to pay the amount borrowed.

Out of Court Settlement for recovery of debt-

· The lender in case does not wish to go through the court for the recovery of debt, he may choose to solve the issue through arbitration, conciliation or Lok Adalat. These are quick and efficient ways to recover the debts.

· For sorting the issue through mutual consent, both the parties shall be willing for the out of court settlement.

· While having the issue sorted through conciliation or arbitration, legal representation would be helpful. Thus, it is advised to seek the advice of an experienced Business Lawyers In Mumbai or your city.

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Business Lawyers In Kolkata, Business Lawyers In Lucknow, Business Lawyers In Mumbai

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What Are The Charges In Case Of A Cheque Bounce?

A cheque turns into a bounced cheque when, on presenting the cheque, the bank returns it because of any number of anomalies in it. The possible reasons for a cheque bounce are:

a. Lack of funds

b. The cheque amount exceeds the payer’s account balance

When the payer issues a cheque in the name of the payee and the payee, in turn, presents the cheque to the bank, the payee’s bank sends the cheque for clearing to the payer’s bank only to find out that there is a lack of funds in the payer’s account then, in that case, the cheque would bounce. However, the payer would be penalized for issuing a bo are penalties that the payer would have to bear for issuing a bogus cheque knowingly or unknowingly.

Notice of Cheque Bounce

If a cheque deposit has been made and the cheque has bounced then a ‘demand notice’ or a sort of a ‘show cause’ ought to be sent to the payer intimidating the payer with legal action under the Negotiable Instruments Act (NI Act) if the due amount remains unpaid.

Once the payer feels intimidated and knows prosecution looms and lurks prompt settlement usually ensues. If an individual is a drawer, a lawsuit can be filed under Section 138 of the NI Act. A company can be a drawer too and in that case, the managing director is liable to be prosecuted under Section 141.

The demand notice ought to be sent within a month from the date the drawee finds out that the cheque issued bounced. The purpose of the demand notice is to demand payment and intimate the drawer that prosecution is imminent if the drawee does not receive a payment within a fortnight.

A lawyer necessarily needs not to send the demand notice but the drawee could have the notice vetted by a lawyer for a fee. Once a dispute reaches trial the notice in most cases is the crux of heated arguments and indeed the bone of contention.

Bank Penalty

If insufficient funds are the reason for a cheque bounce or if there is some sort of technical reason like a mismatch of signature the defaulter and the payee alike would be penalized by their banks both for cheque outward and inward returns. The penalty charges differ from bank to bank and are different with varied account types. The penalty charges are comparatively higher on the Premium accounts in particular.

Impact on CIBIL Score

There could be an adverse effect on the drawee’s financial credit history of a drawee as a result of a bounced cheque. Just one bounce and its enough to adversely affect one’s CIBIL score irretrievably resulting in denial of a loan later on. A CIBIL score is undeniably harmful or detrimental for one’s business as it will affect one’s chemistry with the investors or the banks when one approaches them for one’s loan.

The best practice of ensuring a healthy CIBIL score is ensuring one’s cheques don’t ever bounce and that the drawer has adequate funds more than the minimum balance so that after encashment of the cheque there is still balance in the drawer’s account.

Connect to Vidhikarya’s registered expert cheque bounce lawyers for further legal advice in this regard.

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