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Regarding cheque bounced SPA and filing case in Vizag
11-Sep-2024 (In Cheque Bounce Law)
I gave loan to my wife family known friend in Vizag who gave cheques as security. As he didn't returned back the principal amt, I hired local advocate in Delhi since my bank branch is in Delhi who asked to submit cheque which bounced and sent legal notice. Now while filing case in Delhi he said SPA or my wife relative has to come physically to sign SPA and appear before the court. Is there any possibility to have SPA without physically travelling to Delhi or fight case in Vizag.
Yes...you can always appear before the court through video conferencing. You need not come here in Delhi to fight for your case. The advocate can also appear before the court and present his memo of appearance. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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For SPA person doesnot have to travel to Delhi . The SPA can be signed and notarised and submitted in the court of law. Since the cheque bounced here matter will be filed in Delhi itself . Jurisdiction stands in Delhi it can be done through SPA only and counsel can file case
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Adv. Nidhi Mathur
Delhi | 50+ Answers
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Dear sir
Firstly, an SPA is not at all required in filing your 138 NI Act case. There are ways in which a case can be filed with a person residing remotely. You may call me to find out the same. Good day!
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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You can make spa any one make the spa in your place it’s not necessary to come and spa person should be present at the time of filing case only for further information and details please free to call
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Adv. Anupama Sharma
Delhi | 200+ Answers
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In your case, since the cheque bounced and the legal notice has already been sent, filing a case under Section 138 of the Negotiable Instruments Act is the right step. While your advocate in Delhi mentioned that the Special Power of Attorney (SPA) must be signed and submitted by you or your wife’s relative in person, there are alternatives.
1. Notarized SPA: You can prepare and notarize the SPA from Vizag itself. The signed and notarized SPA can then be couriered to your advocate in Delhi, allowing them to represent you without you or the relative needing to travel to Delhi physically. This is legally acceptable and common in such cases.
2. Filing the Case in Vizag: Since the party who owes you money is located in Vizag, and the transaction relates to Vizag, you can explore the possibility of filing the cheque bounce case in Vizag as well. However, since the bank where the cheque bounced is in Delhi, filing the case there is also legally valid.
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Adv. Qausar Khan
Delhi | 50+ Answers
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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.
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