Advocate Nikhil Ranjan

Questions Answered by Advocate Nikhil Ranjan

Q: Can a cheque bounce case be filed after 6 months of serving notice

Hi Team, Please can you clarify, Do i either can file a complaint case against the cheque bounced party issuing the same after 6 months. I had served the notice but due to certain circumstances was unable to file a complaint case either. Can i file a complaint case after 6 months as well, Since i had not received my debt yet. Please clarify & Steps to be taken care off. 

Advocate Nikhil Ranjan answered
Yes it can be filled but not under Section 138 of negotiable instruments act. It can be filled under different provisions of Indian penal code since there is a time limit for filing of cheque bounce case under negotiable instruments act.

Q: How to settle a case pending tin the court outside

If my case is in the court. And other party and me also want to compromise then what should I do...

Advocate Nikhil Ranjan answered
What you need to do is get a settlement agreement drafted from a letter stipulating there in all the terms and condition of settlement and thereafter present the same before the court along with a petition.

Q: Cheque towards payment of LIC policy fraudulently encashed by other

I am having “Jeeven Sneha” policy of LIC of India. There is a provision in the policy terms that if money back amount, which is payable at intervals of every five years, is not taken by the policy holder, the same is retained with LIC and can be paid anytime during or at the end of policy term with annual compounding interest of 11%. I was not interested to get the money back amount as I was assured of getting 11% compounding interest on the amount which is retained. In May this year I approached the LIC Hazaribagh Branch Office to get that money back amount as I was in urgent need of money but was highly disappointed to know that two numbers of money back cheques were already issued in the year 2006 and 2012 respectively and handed over to another person instead of me and these cheques were already encashed (perhaps by opening a fictitious bank account in the same name of Policy holder). Hence, I may kindly be advised for the legal course of actions to be taken in this regard.

Advocate Nikhil Ranjan answered
This is a case of deficiency in services as well as fraud. You have legal recourse under both civil and criminal laws. Thus, a case under Consumer Protection Act is maintainable under civil law and also a case for fraud under 420 and other relevant provisions of IPC.Best Regards.

Q: What is the time limitation in a cheque bounce case

I have filed a case just one day late in ni act after maintaining all formalities like return memo legal notice in proper time limit except filing one day late.. Can it be maintainable.

Advocate Nikhil Ranjan answered
Time limit is 45 days from the date of sending of legal notice. 15 days for reply of legal notice and further 30 days for filling of case.Yes it can be admitted even after expiry of period of limitation. There is procedure for that.