Advocate Marripati Maharshi Viswaraj

Questions Answered by Advocate Marripati Maharshi Viswaraj

Q: Procedure for the proceedings of cheque bounce.

the matter is for Rs 30 lakhs.complainant claims to have paid in cash.is it acceptable under indian law or he has to show the source of the loan amount

Advocate Marripati Maharshi Viswaraj answered
Section 138 and section 142 of negotiable instrument act the following essentials must be there1.one person (payer)has to give a valid cheque to to other person (payeee)2.the payee should produce the cheque with in six months.3. If the cheque got bounce he has to taken acknowledgement from the bank4. With in 1month notice should be given and 15 days time is to be given for payment 5.in he fails to pay even after 15 days notice ,with in 1month a complaint should be loged in the court

Q: Cheque bounce of 8L, address of person is not known, what to do

One person needs to give me 8 laks rs. His cheque was bounced and he changed his home address and changed Sal account. Now how can I proceed in this case. He is a govt emp.

Advocate Marripati Maharshi Viswaraj answered
Even though if he changes bank account or home address it’s not a problem . Your saying he is a government employee just go to the concern department and enquire about the employee or else we can directly post the notice to the defaulter where he is working

Q: Client took 8 lakhs 6 months back gave cheques of salary account

Hi Team, One of my client has taken 8 laks from me 6 months back. He has given me the SBI chequeswhich is his sal account. He a govt empl. I checked recently he was changed his address and Sal account to Andhra Bank. Please advice and assist me how can proceed on it.

Advocate Marripati Maharshi Viswaraj answered
hello sir it is very happy to resolve your issue. as per The Negotiable Instruments Act, 1881 and as per section 138 and 142 of the said act the legal position is very clear. first you have to submit your cheques to the respective bank with in six months from the issuance of cheques and if the cheques got dishonored then the bank will issue acknowledgement of dishonor and from that day with in a period of 1month you must issue a notice to the person who failed to pay and give him 15days time for payment, after the exipry of said 15 days if he is failed to pay even after issuance of notice then you can file a case under section 142 of the said act in the respective court having jurisdiction to deal with the NI act cases