Categories Cheque Bounce Lawyer, Criminal Cases, Criminal Lawyer

Criminal Appeal Lawyer in Ahmedabad | 9925002031 | Criminal Revision Advocate in Ahmedabad Gujarat

Criminal Appeal Lawyer in Ahmedabad | 9925002031 | Criminal Revision Advocate in Ahmedabad | Advocate Paresh M Modi

Advocate Paresh M Modi: A Leading Criminal Lawyer for Appeals and Revisions in Gujarat’s Sessions and High Courts

Advocate Paresh M. Modi, based in Ahmedabad, Gujarat, is recognized as one of the top criminal lawyers, handling a wide range of complex criminal cases. With expertise spanning key legislative frameworks like the POCSO Act (Protection of Children from Sexual Offenses Act), PMLA (Prevention of Money Laundering Act), NDPS Act (Narcotic Drugs and Psychotropic Substances Act), NI Act (Negotiable Instruments Act), and the IPC (Indian Penal Code), Advocate Modi provides comprehensive legal representation across multiple courts, including the Sessions Court and Gujarat High Court.

Specializing in appeal and revision cases, Advocate Paresh M. Modi has a profound understanding of intricate legal procedures required for challenging previous rulings. He offers robust legal support in cases involving financial fraud, drug-related offenses, cheque bounce, cybercrimes, and child protection, leveraging his in-depth knowledge of laws to ensure that justice is upheld. Known for his meticulous case analysis and strategic approach, he effectively navigates through procedural and evidentiary complexities. Advocate Modi’s advocacy skills and deep insight into the nuances of criminal law make him the go-to attorney for clients seeking fair trial outcomes and favorable rulings in appellate courts across Gujarat.

 Criminal Appeals and Revisions in Gujarat: Expertise of Advocate Paresh M Modi

In criminal law, appeal and revision processes are critical tools for reviewing and rectifying lower court judgments. Advocate Paresh M Modi possesses comprehensive knowledge of the appellate framework provided under the Code of Criminal Procedure, 1973 (CrPC) and skillfully utilizes Sections 374, 375, and 376 (for appeals) and Sections 397 and 401 (for revisions) to advocate for his clients in Gujarat’s Session and High Courts.

Appeals in Criminal Cases (CrPC Sections 374, 375, and 376 Replace by BNSS 415, 416 and 417)

Appeals are one of the main pathways to challenge a conviction, a sentence, or even an acquittal. According to Sections 374, 375, and 376 of the CrPC, different provisions cover appeals from sessions courts, magistrate courts, and other special courts. Advocate Paresh M Modi meticulously assesses each case under these sections to develop a strategic approach for his clients.

Section 374 (BNSS 415): – Appeals from Convictions: Section 374 permits appeals by convicted individuals against judgments from a lower court. Advocate Modi applies his knowledge of this section to help clients navigate appeals either in the Session Court or the High Court of Gujarat, depending on the nature of the conviction. He examines the judgment’s legal soundness, investigating any possible misinterpretation of evidence, errors in legal procedure, or violation of constitutional rights.

Section 375 (BNSS 416): – Appeals in Cases of Acquittal: Section 375 allows appeals against acquittals by the government, permitting it to contest acquittals in the Session Court or High Court. With his comprehensive understanding of the nuances involved, Advocate Modi successfully represents clients where wrongful acquittals need to be challenged.

Section 376 (BNSS 417): – No Appeal in Certain Cases: Section 376 of CrPC lists cases where no appeal can be filed, such as where a sentence is only a fine not exceeding a certain amount or a minor punishment under certain circumstances. Advocate Modi’s approach ensures that his clients understand the limitations and carefully considers alternatives such as revisions if appeals are barred.

Revisions in Criminal Cases (CrPC Sections 397 (BNSS 438) and 401 (BNSS 442)

The revision process is a powerful remedy for cases where the judicial error needs correction, but an appeal may not be directly applicable. Sections 397 and 401 of CrPC allow for the revisionary powers of the higher courts to review the correctness, legality, or propriety of any finding, sentence, or order by a subordinate court.

Section 397 (BNSS 438): – Revisionary Power of Sessions and High Courts: Section 397 empowers the High Court and Sessions Court to call for the records of any inferior criminal court to examine its legality. Advocate Modi leverages this section to bring cases to higher courts when procedural or substantive irregularities are observed in lower court judgments. His attention to detail in such cases ensures that his clients’ rights are preserved, and justice is administered effectively.

Section 401 (BNSS 442): – Powers of the High Court in Revision: Section 401 provides extensive powers to the High Court to address procedural and legal errors in lower court judgments. Advocate Modi meticulously reviews all case details to identify any irregularities that may form grounds for a successful revision, thus maximizing the chances of favorable outcomes for his clients.

Cheque Bounce Lawyer for Revision in Ahmedabad | 9925002031 | Lawyer for Cheque Return Appeal Case | Advocate Paresh M Modi

Cheque Return and Cheque Bounce Cases under the Negotiable Instruments Act, 1881

Cheque return and cheque bounce cases have become increasingly common in today’s business environment, and Advocate Paresh M Modi is well recognized for his expertise in handling these cases. Governed by the Negotiable Instruments Act, 1881, these cases primarily involve Section 138, which deals with the dishonor of cheques due to insufficient funds or other valid reasons. Advocate Modi’s thorough understanding of the legal intricacies of this Act has made him one of the most trusted advocates for cheque bounce litigation and appeals.

Section 138 of the Negotiable Instruments Act, 1881 Cheque Bounce Cases

Section 138 is the core section under the Negotiable Instruments Act that penalizes individuals who issue cheques that are subsequently dishonored. Advocate Modi’s approach to handling cheque bounce cases involves:

In depth Analysis of Cheque Dishonor: Under Section 138, a cheque is considered dishonored when it is returned by the bank unpaid due to insufficient funds or because the amount exceeds the limit arranged by the drawer with the bank. Advocate Modi ensures his clients understand the nature of the violation and the requisite elements for proving or defending against such allegations.

Notice and Timeline Compliance: A cheque bounce case under Section 138 mandates the issuance of a statutory notice within 30 days from the date of dishonor. The drawer of the cheque has 15 days to fulfill the payment after receiving the notice. Advocate Modi emphasizes compliance with these timelines, ensuring his clients have a strong foundation for their case.

Criminal Prosecution and Appeals: Failure to comply with the demand within the specified period allows the complainant to initiate criminal prosecution under Section 138. Advocate Modi’s success rate in appealing and revising such cases is notable; he ensures that his clients’ cases meet all procedural requirements and are presented compellingly before the Session and High Courts.

Appeals and Revisions in Cheque Return Cases

Given the nature of cheque bounce cases, appeal and revision procedures may be required if the lower court’s judgment requires reassessment. Advocate Modi is highly proficient in pursuing appeals under CrPC Sections 374 and 375 for clients who face conviction in cheque return cases and utilizes revisionary provisions under Sections 397 and 401 when procedural errors or incorrect applications of law need correction.

With a client-centered approach and a record of successful defenses, he is regarded as a trusted advocate, providing committed legal services and working tirelessly to safeguard his clients’ rights in every stage of the criminal justice process.

Key Attributes of Advocate Paresh M Modi’s Practice

  1. In depth Knowledge of Criminal and Financial Law: Advocate Modi’s understanding of both criminal law and financial law, particularly regarding cheque dishonor cases, positions him as an expert in his field.
  2. Client Focused Approach: Advocate Modi is known for his dedication to client welfare, ensuring each case is pursued with thorough investigation, analysis, and representation in court.
  3. Commitment to Legal Accuracy and Timeliness: His attention to deadlines, statutory compliances, and procedural accuracy ensures that clients face no setbacks due to technical or procedural errors.
  4. Expert Representation in Appeals and Revisions: With a wealth of experience in appellate and revisionary cases, Advocate Modi consistently provides his clients with the opportunity for judicial review, ensuring fair outcomes.

Advocate Paresh M Modi’s reputation as a criminal lawyer in Gujarat is supported by his outstanding record in the appellate and revisionary processes of criminal cases and his expertise in handling cheque return cases under the Negotiable Instruments Act. His commitment to justice and precise legal strategies make him an invaluable asset to his clients seeking justice in Ahmedabad, Gujarat.

IN GUJARATI LANGUAGE

ક્રિમિનલ અપીલ લોયર અમદાવાદ | 9925002031 | ક્રિમિનલ રિવિઝન એડવોકેટ અમદાવાદ | એડવોકેટ પરેશ એમ મોદી | ગુજરાત

એડવોકેટ પરેશ એમ મોદી: ગુજરાતના સેશન્સ અને હાઈકોર્ટમાં અપીલ અને રિવિઝન માટે અગ્રણી ક્રિમિનલ વકીલ

એડવોકેટ પરેશ એમ મોદી, એડવોકેટ પરેશ એમ. મોદી, અમદાવાદ, ગુજરાતના એક શ્રેષ્ઠ અને જાણીતાં ફોજદારી કાયદાના વકીલ તરીકે ઓળખાય છે, જે વિવિધ જટિલ ફોજદારી કેસોનું સમર્થન કરે છે. તેઓએ POCSO એક્ટ (પ્રોટેક્શન ઓફ ચિલ્ડ્રન ફ્રોમ સેક્સ્યુઅલ ઓફેન્સિસ એક્ટ), PMLA (પ્રિવેન્શન ઓફ મની લૉન્ડરિંગ એક્ટ), NDPS એક્ટ (નાર્કોટિક ડ્રગ્સ એન્ડ સાયકોટ્રોપિક સબ્સ્ટેન્સિસ એક્ટ), NI એક્ટ (નેગોશિયેબલ ઇન્સ્ટ્રુમેન્ટ્સ એક્ટ), અને IPC (ભારતીય દંડ સંહિતા) જેવા મુખ્ય કાયદાકીય ફ્રેમવર્ક્સમાં વિશેષતા ધરાવે છે. એડવોકેટ મોદી સેશન્સ કોર્ટ અને ગુજરાત હાઈકોર્ટ જેવા અદાલતોમાં વ્યાપક કાનૂની પ્રતિનિધિત્વ પ્રદાન કરે છે.

 અપીલ અને રિવિઝન કેસોમાં વિશેષતા ધરાવતા એડવોકેટ પરેશ એમ મોદી પાસે પહેલાંના ચુકાદાઓને પડકારવા માટે જરૂરી સુક્ષ્મ કાનૂની પ્રક્રિયાઓનું ઊંડાણપૂર્વકનું જ્ઞાન છે. તેઓ આર્થિક છેતરપિંડી, નશીલા પદાર્થો સાથે સંકળાયેલા ગુનાઓ, ચેક બાઉન્સ, સાયબર ગુનાઓ અને બાળક સુરક્ષા જેવા કેસોમાં મજબૂત કાનૂની સહાય પૂરી પાડે છે. ન્યાયની સિદ્ધિ સુનિશ્ચિત કરવા માટે તેમની કાનૂની બોધકલા અને કાયદાની ઊંડાણપૂર્વકની સમજનો ફાયદો લઈ, તેઓ પ્રક્રિયાત્મક અને પુરાવા આધારિત જટિલતાઓમાં સફળતાપૂર્વક માર્ગદર્શન આપે છે. એમના ધ્યાનપૂર્વકના કેસ વિશ્લેષણ અને વ્યૂહાત્મક અભિગમ તેમને ગુજરાતભરના અપીલ્ટ કોર્ટમાં ન્યાયની લડત માટે મજબૂત અને વિશ્વસનીય વકીલ બનાવે છે.

કાયદાકીય સ્પષ્ટતામાં એડવોકેટ મોદીની સમર્પણશીલતા અને ક્રિમિનલ કાયદામાં તેમનો વિશાળ અનુભવ તેમને તેવા અપીલ કેસોમાં મશહૂર બનાવે છે, જેમમાં ક્રિમિનલ આરોપો, મુક્તિ અથવા દોષારોપણ માટેના રિવિઝન અને ચેક સંબંધિત લિટિગેશનનો સમાવેશ થાય છે.

ગુજરાતમાં ક્રિમિનલ એપીલ્સ અને રિવિઝન: એડવોકેટ પરેશ એમ મોદીની વિશિષ્ટતા

ક્રિમિનલ કાયદામાં અપીલ અને રિવિઝન પ્રક્રિયાઓ નીચે કોર્ટના ચુકાદાઓની સમીક્ષા અને સુધારણા માટે મહત્વપૂર્ણ સાધનો છે. એડવોકેટ પરેશ એમ મોદી પાસે ફોજદારી પ્રક્રિયા સંહિતા, 1973 (CrPC) હેઠળ આપવામાં આવેલ એપીલેટ ફ્રેમવર્કનું વ્યાપક જ્ઞાન છે અને તેઓ તેમના ક્લાઈન્ટ્સ માટે ગુજરાતના સેશન્સ અને હાઈકોર્ટમાં CrPCની કલમ 374, 375, 376 (અપીલ માટે) અને કલમ 397 અને 401 (રિવિઝન માટે)નો કુશળતાપૂર્વક ઉપયોગ કરે છે.

  1. ક્રિમિનલ કેસમાં અપીલ (CrPC કલમ 374, 375 અને 376 Replace by BNSS 415, 416, 417)

અપીલ એ દોષિત ઠરાવ, સજા અથવા મુક્તિને પડકારવાનો મુખ્ય માર્ગ છે. CrPCની કલમ 374, 375, અને 376 અનુસાર, સેશન્સ કોર્ટ, મેજિસ્ટ્રેટ કોર્ટ અને અન્ય વિશિષ્ટ કોર્ટમાંથી અપીલ માટે વિવિધ જોગવાઈઓ કવર કરે છે. એડવોકેટ પરેશ એમ મોદી દરેક કેસને આ કલમો હેઠળ વિસ્તૃત રીતે મૂલ્યવાન પદ્ધતિ સાથે મૂલ્યાયન કરે છે.

કલમ 374 – દોષારોપણ સામે અપીલ: કલમ 374 દોષિત થયેલા વ્યક્તિઓને નીચા કોર્ટના ચુકાદા સામે અપીલ કરવાની પરવાનગી આપે છે. એડવોકેટ મોદી આ કલમનું જ્ઞાન પોતાના ક્લાઈન્ટ્સને સેશન્સ કોર્ટ અથવા ગુજરાતના હાઈકોર્ટમાં અપીલ કરવા માટે મદદરૂપ થાય છે, જે દોષારોપણના સ્વરૂપ પર આધાર રાખે છે.

કલમ 375 – મુક્તિના કેસમાં અપીલ: કલમ 375 સરકારને મુક્તિ વિરુદ્ધ અપીલ કરવાની મંજૂરી આપે છે, જે ગુજરાતના સેશન્સ કોર્ટ અથવા હાઈકોર્ટમાં આચરાઈ શકે છે.

કલમ 376 – અમુક કેસોમાં અપીલ માટે મનાઈ: CrPC ની કલમ 376 એમ કહી રહી છે કે જ્યાં કેવળ દંડની સજા છે કે જે ચોક્કસ સીમાની અંદર હોય કે અમુક સંજોગોમાં લઘુતમ સજા હોય ત્યારે અપીલ કરી શકાતી નથી.

  1. ક્રિમિનલ કેસમાં રિવિઝન (CrPC કલમ 397 અને 401 Replace by BNSS 438, 442)

રિવિઝન પ્રક્રિયા એ શક્તિશાળી ઉપાય છે જ્યાં ન્યાયિક ભૂલને સુધારવાની જરૂર છે, પરંતુ સીધો અપીલ લાગુ થઈ શકતો નથી. CrPCની કલમ 397 અને 401 ઉપર કોર્ટોને કોઈપણ ફેરફાર, સજા, અથવા કોર્ડના તલસીનો આદેશની યોગ્યતા, કાયદેસરતા, અથવા યોગ્યતાની સમીક્ષા કરવા માટેના રિવિઝન અધિકારો આપતા છે.

અમદાવાદમાં ચેક બાઉન્સ કેસના રિવિઝન માટેના વકીલ | 9925002031 | ચેક રીટર્ન અપીલ કેસ માટેના એડવોકેટ ગુજરાત | એડવોકેટ પરેશ એમ મોદી

 નેગોશિએબલ ઈન્સ્ટ્રુમેન્ટ્સ અધિનિયમ, 1881 હેઠળ ચેક રીટર્ન અને ચેક બાઉન્સ કેસો

વર્તમાન વ્યાપારિક વાતાવરણમાં ચેક રીટર્ન અને ચેક બાઉન્સ કેસો ખૂબ જ સામાન્ય બની ગયા છે, અને એડવોકેટ પરેશ એમ મોદી આ કેસો હાથ ધરવામાં તેમના કુશળતામાં પ્રશંસા પામ્યા છે. નેગોશિએબલ ઈન્સ્ટ્રુમેન્ટ્સ અધિનિયમ, 1881 હેઠળ પ્રાથમિક રીતે કલમ 138નો સમાવેશ થાય છે, જેની હેઠળ અન્ય યોગ્ય કારણોસર ગેરકાનૂની રીતે ચેક બાઉન્સ થાય ત્યારે દંડની જોગવાઈ છે.

નેગોશિએબલ ઈન્સ્ટ્રુમેન્ટ્સ અધિનિયમ, 1881ની કલમ 138 – ચેક બાઉન્સ કેસો

કલમ 138 નેગોશિએબલ ઈન્સ્ટ્રુમેન્ટ્સ અધિનિયમની મુખ્ય કલમ છે, જે તે વ્યક્તિઓને દંડિત કરે છે જેઓ ચેક જારી કરે છે, પરંતુ તે બદનામ થાય છે. ચેક બાઉન્સ કેસો હેન્ડલ કરવાની એડવોકેટ મોદીની રીતમાં નીચેના મુદ્દાઓ શામેલ છે:

 ચેક બાઉન્સની ઊંડાણપૂર્વકની વિશ્લેષણ: કલમ 138 હેઠળ, જો ચેકમાં પૂરતી રકમ ના હોય અથવા તે રકમ ડ્રોઅર અને બેંક વચ્ચે નિયત મર્યાદાને વટાવી જાય, તો બેંક દ્વારા ચૂકવણી વગર રિટર્ન કરવામાં આવે ત્યારે તે બદનામ ગણાય છે. એડવોકેટ મોદી ખાતરી કરે છે કે તેમના ક્લાઈન્ટ્સને ભંગનો સ્વરૂપ અને એવી ફરિયાદો સામે પુરાવા અથવા બચાવની જરૂરી તત્ત્વો સમજવામાં આવે.

નોટિસ અને સમયગાળો: કલમ 138 હેઠળ ચેક બાઉન્સ કેસમાં અપરાધ નોટિસ આપવામાં આવે છે જે ચેક બાઉન્સની તારીખથી 30 દિવસની અંદર જારી કરવાની જોગવાઈ છે. નોટિસ પ્રાપ્ત કર્યા બાદ, ચેકના ડ્રોઅરને ચુકવણી કરવા માટે 15 દિવસ મળે છે. એડવોકેટ મોદી આ સમયમર્યાદાઓનું પાલન કરવાનું મહત્વ સમજે છે, જેથી તેમના ક્લાઈન્ટ્સના કેસ માટે મજબૂત આધાર ઉભો થઈ શકે.

ફોજદારી કેસ અને અપીલ: જો નક્કી કરેલી સમયમર્યાદામાં ચુકવણી કરવામાં આવે નહિ, તો ફરિયાદીને કલમ 138 હેઠળ ફોજદારી કેસ દાખલ કરવાનો અધિકાર મળે છે. આ પ્રકારના કેસોમાં એડવોકેટ મોદીની સફળતાનો દર નોંધપાત્ર છે; તેઓ ખાતરી કરે છે કે તેમના ક્લાઈન્ટ્સના કેસો તમામ પ્રક્રિયાત્મક આવશ્યકતાઓને પાળે છે અને તે સેશન્સ અને હાઈકોર્ટમાં મજબૂત રીતે રજૂ કરવામાં આવે છે.

ચેક રીટર્ન કેસોમાં અપીલ અને રિવિઝન

ચેક બાઉન્સ કેસોના સ્વરૂપને ધ્યાને લેતાં, જો નીચા કોર્ટના ચુકાદાને પુનઃમુલ્યાંકનની જરૂર હોય, તો અપીલ અને રિવિઝન પ્રક્રિયાઓ જરૂરી બની શકે છે. એડવોકેટ મોદી CrPCની કલમ 374 અને 375 હેઠળ કસ્ટમરો માટેના દોષારોપણમાં અપીલને ધપાવવાનું કાર્ય ખૂબ કુશળતાપૂર્વક કરે છે અને જ્યારે પ્રક્રિયાત્મક ભૂલો અથવા કાયદાના ખોટા અમલની જરૂર હોય ત્યારે કલમ 397 અને 401 ના રિવિઝન જોગવાઈઓનો ઉપયોગ કરે છે.

ગ્રાહક કેન્દ્રિત અભિગમ અને સફળ બચાવના પ્રતિભાવો સાથે, તેઓ વિશ્વસનીય વકીલ તરીકે જાણીતા છે, સમર્પિત કાનૂની સેવાઓ પૂરી પાડી રહ્યા છે અને ફોજદારી ન્યાય પ્રક્રિયાના દરેક તબક્કામાં પોતાના ગ્રાહકોના અધિકારોની રક્ષા કરવા માટે અવિરત કાર્ય કરી રહ્યા છે.

 એડવોકેટ પરેશ એમ મોદીની પ્રેક્ટિસના મુખ્ય ગુણો

  1. ક્રિમિનલ અને ફાઇનાન્સીયલ કાયદાનું ઊંડાણપૂર્વકનું જ્ઞાન: એડવોકેટ મોદીને ક્રિમિનલ કાયદા અને ફાઇનાન્સીયલ કાયદા, ખાસ કરીને ચેક બાઉન્સ કેસોમાં, બંનેનું ઊંડાણપૂર્વકનું જ્ઞાન છે, જે તેમને તેમના ક્ષેત્રમાં નિષ્ણાત બનાવે છે.
  2. ક્લાઈન્ટ કેન્દ્રિત અભિગમ: એડવોકેટ મોદી ક્લાઈન્ટના કલ્યાણ માટે તેમની નિષ્ઠા માટે જાણીતા છે, તે દરેક કેસની વિગતવાર તપાસ, વિશ્લેષણ અને કોર્ટમાં મજબૂત પ્રતિનિધિત્વ કરે છે.
  3. કાયદાકીય ચોકસાઇ અને સમયસરતા પ્રત્યે પ્રતિબદ્ધતા: સમયમર્યાદા, કાયદાકીય પાલન, અને પ્રક્રિયાત્મક ચોકસાઇ પ્રત્યેની તેમની કાળજી ખાતરી કરે છે કે ક્લાઈન્ટ્સ કોઈ તકનીકી અથવા પ્રક્રિયાત્મક ભૂલોના કારણે કોઈ વિલંબનો સામનો ન કરે.

Contact Advocate Paresh M Modi

Mobile: +91 9925002031 (Only WhatsApp sms – Timing 9 am to 9 pm)
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Office Address: Office No. C/112, Supath-2 Complex, Opp. Kohinoor Plaza Hotel, Near Old Wadaj Bus Stand, Ashram Road, Ahmedabad – 380013, Gujarat, India.

High Court Advocate | Paresh M Modi | Anticipatory Bail | Regular Bail | Discharge Application | FIR Quashing | Cheque Return Appeal | Gujarat | Ahmedabad

Advocate Paresh M Modi, based in Ahmedabad, Gujarat, is a renowned legal expert with extensive experience in criminal law, specializing in handling complex cases across multiple judicial forums, including the High Court of Gujarat and Sessions Courts. His dedication, thorough understanding of legal nuances, and strong litigation skills make him a trusted name in the legal fraternity. he is one of the Best Criminal lawyers in Gujarat High Court at Ahmedabad, he is renowned for his expertise in high-profile and complex criminal cases across multiple legal domains. As a practicing Advocate in the High Courts of Gujarat, Bombay, and Delhi, he provides strategic representation for Bail, Anticipatory Bail, Regular Bail, and FIR Quashing cases. Operating extensively across Ahmedabad, Vadodara, Rajkot, Surat, Mahesana, Banaskantha District (, Sabarkantha, Kutch District and Gandhinagar districts, he brings a depth of experience and knowledge to each case.

Advocate Modi’s practice covers critical legal frameworks, including the Drugs & Cosmetic Act 1940, The Foreign Exchange Management Act (FEMA), Central Bureau of Investigation (CBI) cases, Enforcement Directorate (ED) cases, Economic Offences Wing (EOW) cases, and the Prevention of Money Laundering Act (PMLA). His expertise also encompasses cases under the Securities and Exchange Board of India (SEBI) Act, Protection of Children from Sexual Offences (POCSO) Act, Directorate of Revenue Intelligence (DRI) Department, The Gujarat Prohibition (GP) Act, Prevention of Corruption Act (PCA), Juvenile Justice (Care and Protection of Children) Act, Narcotic Drugs and Psychotropic Substances (NDPS) Act, and the Anti-Corruption Bureau (ACB) Act. His thorough understanding of these laws and unmatched courtroom advocacy make him a sought-after advocate for clients requiring specialized legal knowledge. Advocate Modi’s dedication to justice and his adept handling of sensitive and complex matters place him among the most reliable and trusted legal professionals in Gujarat, providing clients with strong, dependable legal representation.

Advocate Paresh M Modi, based in Ahmedabad, Gujarat, is a renowned legal expert with extensive experience in criminal law, specializing in handling complex cases across multiple judicial forums, including the High Court of Gujarat and Sessions Courts. His dedication, thorough understanding of legal nuances, and strong litigation skills make him a trusted name in the legal fraternity.

Practice Areas

  1. Anticipatory Bail Applications
    Advocate Paresh M. Modi has a proven track record of successfully representing clients in anticipatory bail applications under Section 438 of the Criminal Procedure Code (CrPC). He ensures his clients’ rights are safeguarded by presenting a compelling case that highlights the absence of prima facie evidence, mitigating circumstances, and legal precedents.
  2. Regular Bail Applications
    Specializing in regular bail under Section 439 of CrPC, he advocates for clients’ release by focusing on procedural fairness, factual analysis, and ensuring adherence to legal principles. His expertise extends to cases involving white-collar crimes, cyber fraud, financial disputes, and general offenses under the Indian Penal Code (IPC).
  3. Discharge Applications
    Advocate Modi is adept at filing discharge applications under Section 227 of CrPC, aiming to release his clients from baseless allegations or charges during the pre-trial stage. His meticulous approach often results in successful outcomes in Sessions Courts.
  4. FIR Quashing Cases
    At the High Court of Gujarat, Advocate Modi handles FIR quashing petitions under Section 482 of CrPC, focusing on preventing misuse of the law and ensuring justice. He specializes in cases involving false accusations, abuse of process, and malicious prosecution.

Specialist in Cheque Return Cases – NI Act Section 138

Advocate Paresh M. Modi is a leading name in handling cheque return cases under Section 138 of the Negotiable Instruments Act (NI Act). These cases involve dishonored cheques due to insufficient funds or other reasons. His approach includes:

  • Filing and Defending Complaints: He represents both complainants and accused parties in cheque bounce cases at Trial Courts, ensuring the law’s procedural and substantive aspects are addressed.
  • Criminal Appeals and Revisions: Advocate Modi handles appeals and revision applications in Sessions Courts and the High Court, challenging or defending judgments passed by lower courts.
  • Focus on Resolution: He emphasizes swift and amicable resolution through legal means, whether by securing penalties for the complainant or negotiating settlements.

Contact Advocate Paresh M Modi

For legal consultation or representation in matters of Anticipatory bail, Regular bail, Discharge Applications, FIR Quashing, Cheque Return Cases, or Criminal Appeals and For expert legal advice and services, Advocate Paresh M Modi can be contacted during office hours.

  • Office Landline: 079-48001468 (Time 10:30 AM to 6:30 PM, Monday to Saturday).
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  • Website: www.advocatepmmodi.in.
  • Office Address: Office No. C/112, Supath-2 Complex, Opp. Kohinoor Plaza Hotel, Near Old Wadaj Bus Stand, Ashram Road, Ahmedabad – 380013, Gujarat, India.
Author Advocate Paresh M Modi
Categories Cheque Bounce Lawyer

Cheque Bounce Lawyer in Sanand | 9925002031 | NI Act Section 138 Case Lawyer in Sanand

Cheque Bounce Lawyer in Sanand | Paresh M Modi | 09925002031 | Bailable Warrant Advocate | NI Act Section 138 Case Advocates | Gujarat

If you’re facing a cheque bounce issue in Sanand, you need an experienced legal professional who can guide you through the complexities of the law. Advocate Paresh M Modi, a trusted cheque bounce lawyer in Sanand, specializes in handling cases under the Negotiable Instruments Act, providing effective solutions to clients dealing with bounced cheques. He is the Top DRT Lawyer, Best Criminal Lawyer, Experience Property Lawyer, Famous SSRD Advocate, Good Family Lawyer, Expert Divorce Lawyer and Specialist of Cheque Bounce Cases in Gujarat

Understanding Cheque Bounce

A cheque bounce occurs when a bank refuses to honor a cheque, typically due to insufficient funds, discrepancies, or an account being closed. Under Section 138 of the Negotiable Instruments Act, the issuer of a bounced cheque can face serious legal consequences, including civil and criminal liabilities. Taking timely action is crucial to safeguard your rights and recover any outstanding amounts.

Our Comprehensive Legal Services

Advocate Paresh M Modi offers a range of legal services tailored to address cheque bounce cases, including:

  • Legal Consultation: We provide expert advice on the legal implications of cheque bounce cases and guide you on your options.
  • Issuing Legal Notices: We assist clients in drafting and sending legal notices to the cheque issuer, demanding payment within the statutory timeframe.
  • Filing Complaints: Our team helps you file complaints under Section 138 in the Sanand District Court or other relevant courts.
  • Court Representation: We represent clients in court, ensuring effective advocacy throughout the legal process.
  • Negotiation and Settlement: We aim for amicable resolutions to avoid lengthy litigation whenever possible.
Cheque Bounce Lawyer In Ahmedabad

NI Act Section 138 Case Lawyer in Sanand

As an experienced NI Act Section 138 case lawyer, Advocate Paresh M Modi understands the intricacies of the law and is equipped to assist you with:

  • Filing Section 138 Complaints: We help you navigate the process of filing complaints against the issuer of a bounced cheque.
  • Defending Against False Claims: If you are wrongly accused of issuing a bounced cheque, we provide a strong defense to protect your rights.
  • Court Proceedings: Our legal team prepares your case meticulously, presenting it effectively in court.

Why Choose Advocate Paresh M Modi?

  • Expertise in Cheque Bounce Cases: With a deep understanding of cheque bounce laws, Advocate Paresh M Modi effectively handles cases, working towards favorable outcomes for clients.
  • Client-Focused Approach: We prioritize our clients’ needs, offering tailored legal strategies that address individual situations.
  • Proven Track Record: Our firm has a history of successfully resolving cheque bounce cases, helping clients recover their due amounts.
  • Transparent Communication: We believe in open communication, ensuring clients are informed about their cases and legal options at all times.

The Legal Process for Cheque Bounce Cases

  1. Issuance of Legal Notice: Upon a bounced cheque, we issue a legal notice to the issuer, demanding payment within 15 days.
  2. Filing a Complaint: If payment is not made, we file a complaint under Section 138 of the Negotiable Instruments Act in the relevant court.
  3. Court Proceedings: Our team represents you in court, presenting evidence and arguments to support your claim.
  4. Resolution: The court may rule in your favor, allowing for recovery of the cheque amount along with potential penalties.

Legal Words and Definition

Cheque

A cheque is a negotiable instrument instructing a bank to pay a specific amount from an account holder’s funds to a designated party.

NI Act

The Negotiable Instruments Act governs financial instruments like cheques, including penalties for dishonor due to insufficient funds.

Cheque Return

Cheque return occurs when a bank declines to honor a cheque, often due to insufficient funds or signature mismatch.

Cheque Dishonour

Cheque dishonor happens when a cheque cannot be processed due to insufficient funds, stop payments, or other technical reasons.

Cheque Bounce

Cheque bounce refers to the non-fulfillment of a cheque’s payment, often leading to legal action under the Negotiable Instruments Act.

Plea

A plea is a formal statement made by an accused in court, declaring guilt, innocence, or a defense to charges.

Act

An act is a formal legislative statute passed by Parliament or a state assembly, providing rules, regulations, and procedures governing various matters.

Law

Law is the system of rules and guidelines established by society, enforced through institutions, to regulate conduct and ensure justice.

Section

A section is a distinct part of a legal statute or act, specifying particular rules, provisions, or guidelines within the larger framework of the law.

Jail

Jail is a facility for detaining individuals accused or convicted of crimes, serving as a correctional or pre-trial holding institution.

Magistrates

Magistrates are judicial officers responsible for administering justice in lower courts, handling minor cases, bail matters, and preliminary inquiries.

Judges

Judges preside over courts, interpreting laws, assessing evidence, and delivering judgments to ensure justice is served in legal disputes or cases.

Jamanat

Jamanat refers to bail or security deposited to ensure an accused person’s release from custody while guaranteeing their court appearances.

Complaint

A complaint is a formal legal statement filed by an individual or entity alleging wrongdoing or seeking redress for grievances.

Complainant

The complainant is the person or party who files a legal complaint, initiating proceedings against an accused person or entity.

Accused

An accused is an individual formally charged or suspected of committing a crime, pending trial or investigation to establish guilt or innocence.

Crime

Crime is any act or omission punishable by law, considered harmful to individuals, society, or the state, including theft, fraud, and assault.

Criminal

A criminal is an individual convicted of violating laws, having committed acts deemed punishable under the legal system.

Case

A case is a legal dispute or criminal matter brought before a court for resolution or judgment based on presented evidence and arguments.

Expert

An expert is a person with specialized knowledge or skills in a particular field, often called upon for advice or testimony in legal matters.

Specialist

A specialist is someone highly skilled or knowledgeable in a specific area of law, offering expert legal counsel or representation.

Top

Top refers to being at the highest rank or level in a given field, often used to describe leading lawyers or advocates with a successful track record.

Best

Best signifies unparalleled quality or excellence, frequently used for legal professionals known for exceptional expertise and success.

Near Me

“Near me” refers to finding local legal services or professionals in proximity for convenient access to legal assistance.

Appeal

An appeal is a formal request to a higher court to review and potentially overturn a lower court’s judgment or order.

Revision

Revision involves reviewing and rectifying procedural or jurisdictional errors in a lower court’s judgment or decision.

Gandhinagar

Gandhinagar, Gujarat’s capital, is home to significant legal and administrative institutions, ensuring efficient justice delivery.

Surat

Surat is a major city in Gujarat, with a legal framework addressing civil, criminal, and corporate matters effectively.

Legal Words and Definition

Cheque

A cheque is a negotiable instrument instructing a bank to pay a specific amount from an account holder’s funds to a designated party.

NI Act

The Negotiable Instruments Act governs financial instruments like cheques, including penalties for dishonor due to insufficient funds.

Cheque Return

Cheque return occurs when a bank declines to honor a cheque, often due to insufficient funds or signature mismatch.

Cheque Dishonour

Cheque dishonor happens when a cheque cannot be processed due to insufficient funds, stop payments, or other technical reasons.

Cheque Bounce

Cheque bounce refers to the non-fulfillment of a cheque’s payment, often leading to legal action under the Negotiable Instruments Act.

Plea

A plea is a formal statement made by an accused in court, declaring guilt, innocence, or a defense to charges.

Act

An act is a formal legislative statute passed by Parliament or a state assembly, providing rules, regulations, and procedures governing various matters.

Law

Law is the system of rules and guidelines established by society, enforced through institutions, to regulate conduct and ensure justice.

Section

A section is a distinct part of a legal statute or act, specifying particular rules, provisions, or guidelines within the larger framework of the law.

Jail

Jail is a facility for detaining individuals accused or convicted of crimes, serving as a correctional or pre-trial holding institution.

Magistrates

Magistrates are judicial officers responsible for administering justice in lower courts, handling minor cases, bail matters, and preliminary inquiries.

Judges

Judges preside over courts, interpreting laws, assessing evidence, and delivering judgments to ensure justice is served in legal disputes or cases.

Jamanat

Jamanat refers to bail or security deposited to ensure an accused person’s release from custody while guaranteeing their court appearances.

Complaint

A complaint is a formal legal statement filed by an individual or entity alleging wrongdoing or seeking redress for grievances.

Complainant

The complainant is the person or party who files a legal complaint, initiating proceedings against an accused person or entity.

Accused

An accused is an individual formally charged or suspected of committing a crime, pending trial or investigation to establish guilt or innocence.

Crime

Crime is any act or omission punishable by law, considered harmful to individuals, society, or the state, including theft, fraud, and assault.

Criminal

A criminal is an individual convicted of violating laws, having committed acts deemed punishable under the legal system.

Case

A case is a legal dispute or criminal matter brought before a court for resolution or judgment based on presented evidence and arguments.

Expert

An expert is a person with specialized knowledge or skills in a particular field, often called upon for advice or testimony in legal matters.

Specialist

A specialist is someone highly skilled or knowledgeable in a specific area of law, offering expert legal counsel or representation.

Top

Top refers to being at the highest rank or level in a given field, often used to describe leading lawyers or advocates with a successful track record.

Best

Best signifies unparalleled quality or excellence, frequently used for legal professionals known for exceptional expertise and success.

Near Me

“Near me” refers to finding local legal services or professionals in proximity for convenient access to legal assistance.

Appeal

An appeal is a formal request to a higher court to review and potentially overturn a lower court’s judgment or order.

Revision

Revision involves reviewing and rectifying procedural or jurisdictional errors in a lower court’s judgment or decision.

Sanand

Sanand, located near Ahmedabad, features active legal systems and advocates addressing property and criminal cases.

 

If you’re dealing with a cheque bounce issue or need a NI Act Section 138 case lawyer in Sanand, don’t hesitate to seek professional legal assistance. Contact Advocate Paresh M Modi today at 9925002031 for a consultation. Let us help you protect your rights and recover your dues effectively.

Questions related to Cheque Bounce Case and Negotiable Instruments Act in India:

  1. What is a cheque bounce case?
    – A cheque bounce case occurs when a cheque presented for payment is dishonored by the bank due to insufficient funds or any other reason.
  2. What is the legal recourse available for a bounced cheque?
    – The legal recourse available is to file a complaint under Section 138 of the Negotiable Instruments Act, 1881.
  3. What is the punishment for cheque bounce under Section 138 of the Negotiable Instruments Act?
    – The punishment includes imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, or both.
  4. What are the essential elements to prove under Section 138 of the Negotiable Instruments Act?
    – The existence of a legally enforceable debt.
    – Issuance of a cheque towards discharge of debt.
    – Dishonor of the cheque.
    – The recipient of the cheque serving a legal notice demanding payment within 30 days of the dishonor.
    – Failure of the drawer to make the payment within 15 days of receiving the notice.
  5. Is there a time limit for filing a complaint under Section 138?
    – Yes, the complaint must be filed within one month of the date on which the cause of action arises.
  6. Can a cheque bounce case be settled outside of court?
    – Yes, the parties can mutually settle the matter outside of court before or after the filing of a complaint.
  7. What is the procedure for filing a complaint under Section 138?
    – The payee or holder of the cheque must issue a legal notice to the drawer demanding payment within 30 days of the dishonor.
    – If the payment is not made within 15 days of receiving the notice, a complaint can be filed before the appropriate court having jurisdiction.
  8. Can a company file a complaint for a bounced cheque?
    – Yes, a company can file a complaint under Section 138 of the Negotiable Instruments Act.
  9. Can a cheque bounce case be filed against a post-dated cheque?
    – Yes, a cheque bounce case can be filed against a post-dated cheque if it is dishonored upon presentation.
  10. Can a cheque bounce case be filed for a cheque issued as a gift or donation?
    – No, a cheque bounce case cannot be filed for a cheque issued as a gift or donation as it lacks consideration.
  11. Is there a provision for compoundable offenses under Section 138?
    – Yes, with the consent of the payee and the court, the offense under Section 138 can be compounded.
  12. Can a cheque bounce case be filed against a stale cheque?
    – No, a cheque bounce case cannot be filed against a stale cheque as it is not legally enforceable.
  13. What is the role of the court in a cheque bounce case?
    – The court examines the evidence presented by both parties and decides whether the offense under Section 138 has been committed.
  14. What defenses can be raised by the drawer in a cheque bounce case?
    – Lack of consideration.
    – Payment already made.
    – Cheque issued as security.
    – Dispute regarding the debt.
  15. Can a cheque bounce case be filed for a cheque issued as a loan repayment installment?
    – Yes, if the installment cheque is dishonored due to insufficient funds, a cheque bounce case can be filed.
  16. What is the role of the bank in a cheque bounce case?
    – The bank provides the dishonor memo and other relevant documents to the payee or holder of the cheque, which are essential for filing a complaint.
  17. Can a cheque bounce case be filed if the cheque is dishonored due to signature mismatch?
    – Yes, if the signature on the cheque does not match the specimen signature provided by the account holder, a cheque bounce case can be filed.
  18. Can a cheque bounce case be filed for a cheque drawn on a closed account?
    – Yes, issuing a cheque on a closed account amounts to an offense under Section 138 of the Negotiable Instruments Act.
  19. Can a cheque bounce case be filed if the cheque is dishonored due to “payment stopped by drawer” reason?
    – Yes, if the drawer issues instructions to the bank to stop payment on the cheque, and it is dishonored as a result, a cheque bounce case can be filed.
  20. Can a cheque bounce case be filed for a cheque issued by a minor?
    – No, a minor cannot be held liable under Section 138 of the Negotiable Instruments Act.
  21. What is the limitation period for filing an appeal against the judgment in a cheque bounce case?
    – The limitation period for filing an appeal is 30 days from the date of the judgment.
  22. Can a cheque bounce case be filed if the cheque is dishonored due to technical reasons like overwriting?
    – Yes, if the cheque is dishonored due to technical reasons like overwriting, a cheque bounce case can be filed.
  23. Can a cheque bounce case be filed against a post-dated cheque presented before the date mentioned on it?
    – No, a cheque bounce case cannot be filed if a post-dated cheque is presented before the date mentioned on it.
  24. What is the difference between a civil and criminal remedy for a bounced cheque?
    – Civil remedy involves recovering the amount through a summary suit, while criminal remedy involves filing a complaint under Section 138 of the Negotiable Instruments Act.
  25. Can a cheque bounce case be filed if the cheque is dishonored due to insufficient funds after the re-presentation?
    – Yes, if the cheque is dishonored again due to insufficient funds upon re-presentation, a cheque bounce case can be filed.

Connect with Advocate Paresh M Modi on Google

Author Advocate Paresh M Modi
Categories Cheque Bounce Lawyer

Cheque Bounce Lawyer in Gandhinagar | 9925002031 | NI Act Section 138 Case Lawyer in Gandhinagar

Cheque Bounce Lawyer in Gandhinagar | 09925002031

Facing a cheque bounce can be stressful, but with the right legal support, you can navigate the complexities of the situation effectively. Advocate Paresh M Modi, a leading cheque bounce lawyer in Gandhinagar, specializes in providing comprehensive legal solutions to help clients resolve cheque bounce cases under the Negotiable Instruments Act. He is the Top DRT Lawyer, Best Criminal Lawyer, Experience Property Lawyer, Famous SSRD Advocate, Good Family Lawyer, Expert Divorce Lawyer and Specialist of Cheque Bounce Cases in Gujarat.

What is a Cheque Bounce?

A cheque bounce occurs when a bank refuses to honor a cheque due to reasons such as insufficient funds, discrepancies, or closed accounts. Under Section 138 of the Negotiable Instruments Act, a bounced cheque can result in both civil and criminal liabilities for the issuer. Taking prompt legal action is essential to protect your rights and recover the owed amount.

Legal Words and Definition

Cheque

A cheque is a negotiable instrument instructing a bank to pay a specific amount from an account holder’s funds to a designated party.

NI Act

The Negotiable Instruments Act governs financial instruments like cheques, including penalties for dishonor due to insufficient funds.

Cheque Return

Cheque return occurs when a bank declines to honor a cheque, often due to insufficient funds or signature mismatch.

Cheque Dishonour

Cheque dishonor happens when a cheque cannot be processed due to insufficient funds, stop payments, or other technical reasons.

Cheque Bounce

Cheque bounce refers to the non-fulfillment of a cheque’s payment, often leading to legal action under the Negotiable Instruments Act.

Plea

A plea is a formal statement made by an accused in court, declaring guilt, innocence, or a defense to charges.

Act

An act is a formal legislative statute passed by Parliament or a state assembly, providing rules, regulations, and procedures governing various matters.

Law

Law is the system of rules and guidelines established by society, enforced through institutions, to regulate conduct and ensure justice.

Section

A section is a distinct part of a legal statute or act, specifying particular rules, provisions, or guidelines within the larger framework of the law.

Jail

Jail is a facility for detaining individuals accused or convicted of crimes, serving as a correctional or pre-trial holding institution.

Magistrates

Magistrates are judicial officers responsible for administering justice in lower courts, handling minor cases, bail matters, and preliminary inquiries.

Judges

Judges preside over courts, interpreting laws, assessing evidence, and delivering judgments to ensure justice is served in legal disputes or cases.

Jamanat

Jamanat refers to bail or security deposited to ensure an accused person’s release from custody while guaranteeing their court appearances.

Complaint

A complaint is a formal legal statement filed by an individual or entity alleging wrongdoing or seeking redress for grievances.

Complainant

The complainant is the person or party who files a legal complaint, initiating proceedings against an accused person or entity.

Accused

An accused is an individual formally charged or suspected of committing a crime, pending trial or investigation to establish guilt or innocence.

Crime

Crime is any act or omission punishable by law, considered harmful to individuals, society, or the state, including theft, fraud, and assault.

Criminal

A criminal is an individual convicted of violating laws, having committed acts deemed punishable under the legal system.

Case

A case is a legal dispute or criminal matter brought before a court for resolution or judgment based on presented evidence and arguments.

Expert

An expert is a person with specialized knowledge or skills in a particular field, often called upon for advice or testimony in legal matters.

Specialist

A specialist is someone highly skilled or knowledgeable in a specific area of law, offering expert legal counsel or representation.

Top

Top refers to being at the highest rank or level in a given field, often used to describe leading lawyers or advocates with a successful track record.

Best

Best signifies unparalleled quality or excellence, frequently used for legal professionals known for exceptional expertise and success.

Near Me

“Near me” refers to finding local legal services or professionals in proximity for convenient access to legal assistance.

Appeal

An appeal is a formal request to a higher court to review and potentially overturn a lower court’s judgment or order.

Revision

Revision involves reviewing and rectifying procedural or jurisdictional errors in a lower court’s judgment or decision.

Gandhinagar

Gandhinagar, Gujarat’s capital, is home to significant legal and administrative institutions, ensuring efficient justice delivery.

 

Our Legal Services

We offer a wide range of legal services tailored to address cheque bounce cases, including:

  • Legal Consultation: We provide expert legal advice to help you understand the implications of cheque bounce laws and your available options.
  • Issuing Legal Notices: We assist clients in drafting and sending legal notices to the issuer of the bounced cheque, demanding payment within the statutory time frame.
  • Filing Complaints: We help clients file complaints under Section 138 in the Gandhinagar District Court or other relevant courts.
  • Court Representation: Our experienced legal team represents clients in court, ensuring effective advocacy throughout the proceedings.
  • Negotiation and Settlement: We strive for amicable resolutions to avoid prolonged litigation.
Cheque Bounce Lawyer In Ahmedabad

NI Act Section 138 Case Lawyer in Gandhinagar

Advocate Paresh M Modi has extensive experience handling Section 138 cases, where bounced cheques may lead to criminal liability. Our specialized services include:

  • Filing Section 138 Complaints: We guide clients through the process of filing complaints to initiate legal action against the cheque issuer.
  • Defending Against False Claims: If you are wrongly accused of issuing a bounced cheque, we offer a strong defense to protect your interests.
  • Court Proceedings: Our legal team diligently prepares and presents your case in court, advocating for your rights.

Why Choose Advocate Paresh M Modi?

  • Expertise in Cheque Bounce Cases: With extensive experience, Advocate Paresh M Modi effectively manages cheque bounce cases, striving for favorable outcomes for clients.
  • Client-Centric Approach: We prioritize our clients’ needs, offering tailored legal solutions that address their specific situations.
  • Proven Track Record: Our firm has a strong history of successfully resolving cheque bounce cases, helping clients recover their rightful dues.
  • Transparent Communication: We maintain open communication, keeping clients informed about their cases and available legal options.

The Legal Process for Cheque Bounce Cases

  1. Issuance of Legal Notice: Upon a bounced cheque, we issue a legal notice to the drawer, demanding payment within 15 days.
  2. Filing a Complaint: If payment is not made, we file a complaint under Section 138 of the Negotiable Instruments Act in the appropriate court.
  3. Court Proceedings: Our team represents you in court, presenting evidence and arguments to support your case.
  4. Resolution: The court may rule in favor of the aggrieved party, allowing for the recovery of the cheque amount and potential penalties.

If you are facing a cheque bounce issue or need a NI Act Section 138 case lawyer in Gandhinagar, it’s essential to seek professional legal assistance. Contact Advocate Paresh M Modi today at 09925002031 for a consultation. Let us help you protect your rights and recover your dues effectively.

Questions related to Cheque Bounce Case and Negotiable Instruments Act in India:

  1. What is a cheque bounce case?
    – A cheque bounce case occurs when a cheque presented for payment is dishonored by the bank due to insufficient funds or any other reason.
  2. What is the legal recourse available for a bounced cheque?
    – The legal recourse available is to file a complaint under Section 138 of the Negotiable Instruments Act, 1881.
  3. What is the punishment for cheque bounce under Section 138 of the Negotiable Instruments Act?
    – The punishment includes imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, or both.
  4. What are the essential elements to prove under Section 138 of the Negotiable Instruments Act?
    – The existence of a legally enforceable debt.
    – Issuance of a cheque towards discharge of debt.
    – Dishonor of the cheque.
    – The recipient of the cheque serving a legal notice demanding payment within 30 days of the dishonor.
    – Failure of the drawer to make the payment within 15 days of receiving the notice.
  5. Is there a time limit for filing a complaint under Section 138?
    – Yes, the complaint must be filed within one month of the date on which the cause of action arises.
  6. Can a cheque bounce case be settled outside of court?
    – Yes, the parties can mutually settle the matter outside of court before or after the filing of a complaint.
  7. What is the procedure for filing a complaint under Section 138?
    – The payee or holder of the cheque must issue a legal notice to the drawer demanding payment within 30 days of the dishonor.
    – If the payment is not made within 15 days of receiving the notice, a complaint can be filed before the appropriate court having jurisdiction.
  8. Can a company file a complaint for a bounced cheque?
    – Yes, a company can file a complaint under Section 138 of the Negotiable Instruments Act.
  9. Can a cheque bounce case be filed against a post-dated cheque?
    – Yes, a cheque bounce case can be filed against a post-dated cheque if it is dishonored upon presentation.
  10. Can a cheque bounce case be filed for a cheque issued as a gift or donation?
    – No, a cheque bounce case cannot be filed for a cheque issued as a gift or donation as it lacks consideration.
  11. Is there a provision for compoundable offenses under Section 138?
    – Yes, with the consent of the payee and the court, the offense under Section 138 can be compounded.
  12. Can a cheque bounce case be filed against a stale cheque?
    – No, a cheque bounce case cannot be filed against a stale cheque as it is not legally enforceable.
  13. What is the role of the court in a cheque bounce case?
    – The court examines the evidence presented by both parties and decides whether the offense under Section 138 has been committed.
  14. What defenses can be raised by the drawer in a cheque bounce case?
    – Lack of consideration.
    – Payment already made.
    – Cheque issued as security.
    – Dispute regarding the debt.
  15. Can a cheque bounce case be filed for a cheque issued as a loan repayment installment?
    – Yes, if the installment cheque is dishonored due to insufficient funds, a cheque bounce case can be filed.
  16. What is the role of the bank in a cheque bounce case?
    – The bank provides the dishonor memo and other relevant documents to the payee or holder of the cheque, which are essential for filing a complaint.
  17. Can a cheque bounce case be filed if the cheque is dishonored due to signature mismatch?
    – Yes, if the signature on the cheque does not match the specimen signature provided by the account holder, a cheque bounce case can be filed.
  18. Can a cheque bounce case be filed for a cheque drawn on a closed account?
    – Yes, issuing a cheque on a closed account amounts to an offense under Section 138 of the Negotiable Instruments Act.
  19. Can a cheque bounce case be filed if the cheque is dishonored due to “payment stopped by drawer” reason?
    – Yes, if the drawer issues instructions to the bank to stop payment on the cheque, and it is dishonored as a result, a cheque bounce case can be filed.
  20. Can a cheque bounce case be filed for a cheque issued by a minor?
    – No, a minor cannot be held liable under Section 138 of the Negotiable Instruments Act.
  21. What is the limitation period for filing an appeal against the judgment in a cheque bounce case?
    – The limitation period for filing an appeal is 30 days from the date of the judgment.
  22. Can a cheque bounce case be filed if the cheque is dishonored due to technical reasons like overwriting?
    – Yes, if the cheque is dishonored due to technical reasons like overwriting, a cheque bounce case can be filed.
  23. Can a cheque bounce case be filed against a post-dated cheque presented before the date mentioned on it?
    – No, a cheque bounce case cannot be filed if a post-dated cheque is presented before the date mentioned on it.
  24. What is the difference between a civil and criminal remedy for a bounced cheque?
    – Civil remedy involves recovering the amount through a summary suit, while criminal remedy involves filing a complaint under Section 138 of the Negotiable Instruments Act.
  25. Can a cheque bounce case be filed if the cheque is dishonored due to insufficient funds after the re-presentation?
    – Yes, if the cheque is dishonored again due to insufficient funds upon re-presentation, a cheque bounce case can be filed.

Connect with Advocate Paresh M Modi on Google

Author Advocate Paresh M Modi
Categories Cheque Bounce Lawyer

Cheque Bounce Lawyer in Mahesana | 9925002031 | NI Act Section 138 Case Lawyer in Mahesana

Cheque Bounce Lawyer in Mahesana | 09925002031

When faced with a cheque bounce issue, it’s crucial to understand your legal rights and options. Advocate Paresh M Modi, a prominent cheque bounce lawyer in Mahesana, specializes in providing effective legal solutions to help clients navigate the complexities of cheque bounce cases. He is the Top DRT Lawyer, Best Criminal Lawyer, Experience Property Lawyer, Famous SSRD Advocate, Good Family Lawyer, Expert Divorce Lawyer and Specialist of Cheque Bounce Cases in Gujarat.

What is a Cheque Bounce?

A cheque bounce occurs when a bank refuses to honor a cheque due to reasons such as insufficient funds, discrepancies in signatures, or account issues. Under the Negotiable Instruments Act, a bounced cheque can result in both civil and criminal liabilities for the drawer. It is important to take prompt action to safeguard your rights and recover your dues.

Our Legal Services

At our law firm, we offer comprehensive legal services tailored to handle cheque bounce cases, including:

  • Legal Consultation: We provide expert legal advice to help you understand the implications of cheque bounce laws and the steps you need to take.
  • Filing Complaints: Assisting clients in filing criminal complaints for cheque bounce cases under Section 138 of the Negotiable Instruments Act.
  • Court Representation: Representing clients in the Mahesana District Court and High Court to ensure efficient legal proceedings.
  • Negotiation and Settlement: Striving for amicable settlements to avoid prolonged court disputes.
Cheque Bounce Lawyer In Ahmedabad

NI Act Section 138 Case Lawyer in Mahesana

Advocate Paresh M Modi is an expert in handling Section 138 cases, where a bounced cheque leads to potential criminal liability. Our services related to Section 138 of the Negotiable Instruments Act include:

  • Issuing Legal Notices: We draft and send legal notices to the issuer of the cheque, demanding payment within the stipulated time frame.
  • Filing Section 138 Complaints: We help clients file complaints in the appropriate court to initiate legal action against the drawer of the bounced cheque.
  • Defending Against False Claims: If you are falsely accused of issuing a bounced cheque, we provide a robust defense to protect your rights.
  • Court Representation: Our legal team represents you in court, ensuring thorough preparation and effective advocacy throughout the trial.

Why Choose Advocate Paresh M Modi?

  • Expertise in Cheque Bounce Cases: With extensive experience, Advocate Paresh M Modi effectively manages cheque bounce cases, striving for the best outcomes for clients.
  • Client-Centric Approach: We prioritize our clients’ needs, offering tailored legal solutions that address their unique situations.
  • Proven Track Record: Our firm has a strong history of successfully resolving cheque bounce cases, helping clients recover their rightful dues.
  • Clear Communication: We maintain transparent communication, keeping clients informed about their cases and available legal options.

The Legal Process for Cheque Bounce Cases

  1. Issuance of Legal Notice: After a cheque bounces, the first step is to issue a legal notice to the drawer, demanding payment within 15 days.
  2. Filing a Complaint: If the payment is not made, we will file a complaint under Section 138 of the Negotiable Instruments Act in the relevant court.
  3. Court Proceedings: Our legal team will represent you in court, presenting evidence and arguments to support your case.
  4. Resolution: The court may rule in favor of the aggrieved party, allowing for the recovery of the cheque amount and potential penalties.

If you are dealing with a cheque bounce issue or need a NI Act Section 138 case lawyer in Mahesana, it’s essential to seek professional legal assistance. Contact Advocate Paresh M Modi today at 09925002031 for a consultation. Let us help you protect your rights and recover your dues effectively.

Questions related to Cheque Bounce Case and Negotiable Instruments Act in India:

  1. What is a cheque bounce case?
    – A cheque bounce case occurs when a cheque presented for payment is dishonored by the bank due to insufficient funds or any other reason.
  2. What is the legal recourse available for a bounced cheque?
    – The legal recourse available is to file a complaint under Section 138 of the Negotiable Instruments Act, 1881.
  3. What is the punishment for cheque bounce under Section 138 of the Negotiable Instruments Act?
    – The punishment includes imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, or both.
  4. What are the essential elements to prove under Section 138 of the Negotiable Instruments Act?
    – The existence of a legally enforceable debt.
    – Issuance of a cheque towards discharge of debt.
    – Dishonor of the cheque.
    – The recipient of the cheque serving a legal notice demanding payment within 30 days of the dishonor.
    – Failure of the drawer to make the payment within 15 days of receiving the notice.
  5. Is there a time limit for filing a complaint under Section 138?
    – Yes, the complaint must be filed within one month of the date on which the cause of action arises.
  6. Can a cheque bounce case be settled outside of court?
    – Yes, the parties can mutually settle the matter outside of court before or after the filing of a complaint.
  7. What is the procedure for filing a complaint under Section 138?
    – The payee or holder of the cheque must issue a legal notice to the drawer demanding payment within 30 days of the dishonor.
    – If the payment is not made within 15 days of receiving the notice, a complaint can be filed before the appropriate court having jurisdiction.
  8. Can a company file a complaint for a bounced cheque?
    – Yes, a company can file a complaint under Section 138 of the Negotiable Instruments Act.
  9. Can a cheque bounce case be filed against a post-dated cheque?
    – Yes, a cheque bounce case can be filed against a post-dated cheque if it is dishonored upon presentation.
  10. Can a cheque bounce case be filed for a cheque issued as a gift or donation?
    – No, a cheque bounce case cannot be filed for a cheque issued as a gift or donation as it lacks consideration.
  11. Is there a provision for compoundable offenses under Section 138?
    – Yes, with the consent of the payee and the court, the offense under Section 138 can be compounded.
  12. Can a cheque bounce case be filed against a stale cheque?
    – No, a cheque bounce case cannot be filed against a stale cheque as it is not legally enforceable.
  13. What is the role of the court in a cheque bounce case?
    – The court examines the evidence presented by both parties and decides whether the offense under Section 138 has been committed.
  14. What defenses can be raised by the drawer in a cheque bounce case?
    – Lack of consideration.
    – Payment already made.
    – Cheque issued as security.
    – Dispute regarding the debt.
  15. Can a cheque bounce case be filed for a cheque issued as a loan repayment installment?
    – Yes, if the installment cheque is dishonored due to insufficient funds, a cheque bounce case can be filed.
  16. What is the role of the bank in a cheque bounce case?
    – The bank provides the dishonor memo and other relevant documents to the payee or holder of the cheque, which are essential for filing a complaint.
  17. Can a cheque bounce case be filed if the cheque is dishonored due to signature mismatch?
    – Yes, if the signature on the cheque does not match the specimen signature provided by the account holder, a cheque bounce case can be filed.
  18. Can a cheque bounce case be filed for a cheque drawn on a closed account?
    – Yes, issuing a cheque on a closed account amounts to an offense under Section 138 of the Negotiable Instruments Act.
  19. Can a cheque bounce case be filed if the cheque is dishonored due to “payment stopped by drawer” reason?
    – Yes, if the drawer issues instructions to the bank to stop payment on the cheque, and it is dishonored as a result, a cheque bounce case can be filed.
  20. Can a cheque bounce case be filed for a cheque issued by a minor?
    – No, a minor cannot be held liable under Section 138 of the Negotiable Instruments Act.
  21. What is the limitation period for filing an appeal against the judgment in a cheque bounce case?
    – The limitation period for filing an appeal is 30 days from the date of the judgment.
  22. Can a cheque bounce case be filed if the cheque is dishonored due to technical reasons like overwriting?
    – Yes, if the cheque is dishonored due to technical reasons like overwriting, a cheque bounce case can be filed.
  23. Can a cheque bounce case be filed against a post-dated cheque presented before the date mentioned on it?
    – No, a cheque bounce case cannot be filed if a post-dated cheque is presented before the date mentioned on it.
  24. What is the difference between a civil and criminal remedy for a bounced cheque?
    – Civil remedy involves recovering the amount through a summary suit, while criminal remedy involves filing a complaint under Section 138 of the Negotiable Instruments Act.
  25. Can a cheque bounce case be filed if the cheque is dishonored due to insufficient funds after the re-presentation?
    – Yes, if the cheque is dishonored again due to insufficient funds upon re-presentation, a cheque bounce case can be filed.

Connect with Advocate Paresh M Modi on Google

Author Advocate Paresh M Modi
Categories Cheque Bounce Lawyer, Criminal Cases

Cheque Bounce Lawyer in Kalol | 9925002031 | NI Act Section 138 Case Lawyer in Kalol Gujarat

Cheque Bounce Lawyer in Kalol | 09925002031

Cheque bounce cases can create significant financial distress and legal complications for individuals and businesses alike. If you’re dealing with a bounced cheque, it’s essential to seek the expertise of a skilled lawyer who understands the nuances of cheque bounce laws. Advocate Paresh M Modi, a leading cheque bounce lawyer in Kalol, is dedicated to providing effective legal solutions to navigate these challenges. He is the Top DRT Lawyer, Best Criminal Lawyer, Experience Property Lawyer, Famous SSRD Advocate, Good Family Lawyer, Expert Divorce Lawyer and Specialist of Cheque Bounce Cases in Gujarat.

Understanding Cheque Bounce Cases

A cheque bounce occurs when a bank refuses to process a cheque due to reasons such as insufficient funds, account closure, or discrepancies in signatures. Under the Negotiable Instruments Act, a bounced cheque can lead to both civil and criminal liabilities for the drawer. Therefore, it’s crucial to act quickly to protect your rights.

Our Legal Services

At our law firm, we offer a range of services tailored to handle cheque bounce cases, including:

  • Legal Consultation: Providing expert legal advice regarding your rights and responsibilities in cheque transactions and the implications of cheque bounce laws in Kalol.
  • Filing Complaints: Assisting clients in filing criminal complaints for cheque bounce cases under Section 138 of the Negotiable Instruments Act.
  • Court Representation: Representing clients in the Kalol District Court and High Court for efficient legal proceedings.
  • Negotiation and Settlement: Working towards amicable settlements to avoid lengthy court battles.
Cheque Bounce Lawyer In Ahmedabad

NI Act Section 138 Case Lawyer in Kalol

As a specialist in Section 138 of the Negotiable Instruments Act, Advocate Paresh M Modi is well-equipped to handle cases involving cheque dishonor. Under this law, a bounced cheque can result in criminal charges against the drawer. Our services related to Section 138 cases include:

  • Issuing Legal Notices: We draft and send legal notices to the issuer of the cheque, demanding payment within the legally mandated time frame.
  • Filing Section 138 Complaints: Assisting clients in filing complaints with the appropriate court to initiate legal action for cheque bounce.
  • Defending Against False Claims: If you are falsely accused of issuing a bounced cheque, we will provide a robust defense to protect your rights.
  • Court Representation: Our legal team will represent you in court, ensuring thorough preparation and effective advocacy throughout the trial process.

Why Choose Advocate Paresh M Modi?

  • Expertise in Cheque Bounce Cases: With extensive knowledge and experience, Advocate Paresh M Modi effectively manages cheque bounce cases, aiming for the best outcomes for clients.
  • Client-Centric Approach: We prioritize our clients’ needs, offering tailored legal solutions that address their specific situations.
  • Proven Track Record: Our firm has a strong history of successfully resolving cheque bounce cases, helping clients recover their rightful dues.
  • Clear Communication: We maintain transparent communication, keeping clients informed about their cases and available legal options.

The Legal Process for Cheque Bounce Cases

  1. Issuance of Legal Notice: After a cheque bounces, the first step is to issue a legal notice to the drawer, demanding payment within 15 days.
  2. Filing a Complaint: If the payment is not made, we will file a complaint under Section 138 of the Negotiable Instruments Act in the relevant court.
  3. Court Proceedings: Our legal team will represent you in court, presenting evidence and arguments to support your case.
  4. Resolution: The court may rule in favor of the aggrieved party, allowing for the recovery of the cheque amount and potential penalties.

If you are facing a cheque bounce issue or need a NI Act Section 138 case lawyer in Kalol, it is essential to seek professional legal assistance. Contact Advocate Paresh M Modi today at 09925002031 for a consultation. Let us help you protect your rights and recover your dues efficiently.

Author Advocate Paresh M Modi
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