Continue to LawRato.com with Google


In Cheque Bounce Case -Can we pray in the petition

I will be filing a cheque bounce case soon under 138 NI Act after issuance of statutory notice for payment within 15 days. During filing of petition can I claim Interim Relief from the courts as per the cabinet proposal. Cabinet proposes to provide Interim Relief to the complainant in the form of 20% of cheque amount. Though it is still a proposal and has not yet become a law I want to know if I can still pray it in the petition.

Answers (4)

Proposal is not Law. Law should be pass through Cabinat and implement after amemdment of the present Act. Till then, previous act should be followed. Therefore, at present after completion of Trial the Ld. Court will pass judgment upon the amount of Cheque.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Dear client,
As per the details provided by you I would like to suggest you that no such provisions of interim relief is provided in the Negotiable instrument Act as of now and as such you cannot claim such releifs now.

Popular Cheque Bounce Lawyers

Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience
Advocate Shikhar Khare
Jangpura Extension, Delhi
5 years Experience
Advocate Prashant Mendiratta
Lajpat Nagar 4, Delhi
25 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
15 years Experience

As you pointed out correctly that it was a proposal and not become a law most likely you won't get an interim relief. You can still pray it when the serivece return is done. You have to file another petition containing the cause of interim relief .

No as of now you cannot pray for such a thing,because the amendment is not a law as of now.but you can pray for other relief such as litigation cost and other costs.any law is not a law unless it is passed in parliament and assented by the president..

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Fixed Cost Legal Services

15 Minutes Cheque Bounce Advice Session by Phone

4.8 | 104 ratings
Fixed Price Rs. 499
Legal advice and answers from a local experienced advocate about your Cheque Bounce issue
Legal Notice / Reply to Legal Notice

4.7 | 83 ratings
Fixed Price Rs. 2500
30 Min Intro call + Start to finish help - Send a legal notice through an experienced advocate
Similar questions

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…

Read More

I gave a 4 blank cheque to a person against goods and after sometime i get dispute with him , then he fill the cheque with more ammount and dishonour …

Read More

What will be the legal proceedure after the client cheque is bounce and whom to approach…

Read More

Hi, Recently on 28th Oct'16 the flat cancellation cheques from TGS Construction issued to me are got bounced. please suggest what action I can tak…

Read More

Get free assistance for your legal issue