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SUMMARY SUIT OR CHEQUE BOUNCE 138 OR CPC 19
06-Apr-2023 (In Cheque Bounce Law)
Two cheques signed by defendant however other details such as amount, name & date filled by his associates get bounced. Which is better option : to file summary suit or cheque bounce case (138) or any else ? Will plaintiff be able to recover two cheques amount and on what ground as accused will keep arguing throughout the case that i only signed the cheque but did not filled other details ?
Hi,
As per the information provided by you, if the cheques are alive then it is better to file cheque bounce case as it is criminal in nature and you will be able to recover your money faster otherwise we have to file Commercial recovery.
As per the information provided by you, if the cheques are alive then it is better to file cheque bounce case as it is criminal in nature and you will be able to recover your money faster otherwise we have to file Commercial recovery.
Helpful?
34+
34+
Adv. Ayush Kapur
Delhi | 200+ Answers
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Hi,
Greetings for the day.
As per your query you have 2 dishonoured cheques issued in your favour.
We advise you as follows
the Supreme Court observed that it is immaterial that the cheque is filled by any person other than the drawer provided it is duly signed by the drawer. The same would not invalidate the cheque and shall attract the presumption under Section 139 of the NI Act. Thus, it is advisable to initiate 138 NI Act.
Greetings for the day.
As per your query you have 2 dishonoured cheques issued in your favour.
We advise you as follows
the Supreme Court observed that it is immaterial that the cheque is filled by any person other than the drawer provided it is duly signed by the drawer. The same would not invalidate the cheque and shall attract the presumption under Section 139 of the NI Act. Thus, it is advisable to initiate 138 NI Act.
Helpful?
46+
46+
Adv. Anubhav Kathuria
Delhi | 500+ Answers
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good evening sir
you have a very good case
that doesn't matter that he has filled the cheque or not he has signed it and gave it to you that means which shows that he took money from jokes that is a matter of proceedings. we will prove it
but for that we need to discuss few things.
contact me back
thanks
you have a very good case
that doesn't matter that he has filled the cheque or not he has signed it and gave it to you that means which shows that he took money from jokes that is a matter of proceedings. we will prove it
but for that we need to discuss few things.
contact me back
thanks
Helpful?
42+
42+
Adv. Pranav Bhaskar
Delhi | 25+ Answers
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