Categories Cheque Bounce Lawyer

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

Cheque Bounce Lawyer in Surat | 09925002031

In the world of business, cheques serve as a vital tool for transactions. However, when a cheque bounces, it can lead to significant financial repercussions and legal challenges. If you’re facing a cheque bounce issue, it’s crucial to have an experienced lawyer by your side. Advocate Paresh M Modi, a reputable cheque bounce lawyer in Surat, is here to provide you with the expert legal support you need. 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 honor a cheque due to various reasons, such as insufficient funds, account closure, or discrepancies in signatures. Under the Negotiable Instruments Act, a bounced cheque can result in both civil and criminal liabilities for the drawer, making it essential to address the situation promptly.

Our Legal Services

At our law firm, we specialize in providing comprehensive legal solutions for cheque bounce cases, which include:

  • Legal Consultation: Offering expert advice on your rights and obligations related to cheque transactions and cheque bounce laws in Surat.
  • Filing Complaints: Assisting clients in filing criminal complaints for cheque bounce cases under Section 138 of the Negotiable Instruments Act.
  • Court Representation: Advocating for clients in the Surat District Court and High Court to ensure effective legal representation.
  • Negotiation and Settlement: Aiming for amicable resolutions to avoid protracted legal battles.
Cheque Bounce Lawyer In Ahmedabad

NI Act Section 138 Case Lawyer in Surat

As a specialist in Section 138 of the Negotiable Instruments Act, Advocate Paresh M Modi is well-versed in handling cases concerning cheque dishonor. Under this law, if a cheque is returned due to insufficient funds, the drawer can face criminal charges. Our firm offers the following services related to Section 138 cases:

  • Issuing Legal Notices: We draft and send legal notices to the cheque issuer, demanding payment within the legally stipulated time.
  • Filing Section 138 Complaints: We assist clients in filing complaints with the appropriate court to initiate legal proceedings for cheque bounce cases.
  • Defending Against False Claims: If you are wrongfully accused of issuing a bounced cheque, we will provide strong defense strategies to safeguard your rights.
  • Court Representation: Our legal team will represent you throughout the trial, ensuring thorough preparation and effective arguments in your favor.

Why Choose Advocate Paresh M Modi?

  • Expertise in Cheque Bounce Cases: With extensive knowledge and experience, Advocate Paresh M Modi effectively handles cheque bounce cases, ensuring you receive the best possible outcome.
  • Client-Centric Approach: We prioritize our clients’ needs, providing tailored legal solutions that address their unique circumstances.
  • Proven Success: Our firm has a strong track record of successfully resolving cheque bounce cases, helping clients recover their dues.
  • Transparent Communication: We maintain open lines of communication, keeping clients informed about their cases and 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 drawer fails to make the payment, 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 issue a ruling in favor of the aggrieved party, allowing for recovery of the cheque amount and potential penalties.

If you are dealing with a cheque bounce issue or need an NI Act Section 138 case lawyer in Surat, it is vital 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.

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.

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Author Advocate Paresh M Modi
Categories Cheque Bounce Lawyer

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

Cheque Bounce Lawyer in Vadodara | 09925002031

In today’s business environment, cheque transactions are common, but they come with risks. If you are facing issues related to a bounced cheque, it’s essential to have a knowledgeable legal expert by your side. Advocate Paresh M Modi, a leading cheque bounce lawyer in Vadodara, offers dedicated legal services to help clients navigate the complexities of 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.

Understanding Cheque Bounce Cases

A cheque bounce occurs when a bank refuses to honor a cheque due to insufficient funds, a closed account, or a signature mismatch. This can lead to significant financial losses and legal repercussions for both parties involved. Under Section 138 of the Negotiable Instruments Act, the drawer of a bounced cheque can be held liable for criminal charges.

Our Legal Services

At our law firm, we provide comprehensive legal services for individuals and businesses dealing with cheque bounce issues, including:

  • Legal Consultation: Understanding your rights and obligations under the law.
  • Filing Complaints: Assisting clients in filing criminal complaints for cheque bounce cases.
  • Representation in Court: Advocating for clients in the Vadodara District Court to ensure their interests are protected.
  • Negotiation and Settlement: Exploring amicable settlements with the opposite party to resolve disputes without lengthy litigation.
Cheque Bounce Lawyer In Ahmedabad

NI Act Section 138 Case Lawyer in Vadodara

As an expert lawyer in Section 138 of the Negotiable Instruments Act, Advocate Paresh M Modi specializes in handling cases related to cheque dishonor. Under this section, if a cheque issued by a person is returned due to insufficient funds or if it exceeds the amount arranged to be paid, the drawer is liable for punishment. Our firm provides the following services related to Section 138 cases:

  • Drafting and Sending Legal Notices: Timely issuance of legal notices to the cheque issuer, demanding payment within the stipulated period.
  • Filing Section 138 Complaints: We assist clients in filing complaints in the appropriate court for adjudication of cheque bounce matters.
  • Defense Against False Allegations: If you are wrongfully accused of issuing a bounced cheque, we will provide robust defense strategies to protect your rights.
  • Court Representation: We represent clients throughout the trial process, ensuring that all legal aspects are meticulously handled.

Why Choose Advocate Paresh M Modi?

  • Expertise in Cheque Bounce Cases: With extensive experience in handling cheque bounce matters, Advocate Paresh M Modi understands the nuances of the law and how to navigate them effectively.
  • Client-Focused Approach: We prioritize our clients’ needs and strive to provide personalized legal solutions tailored to their specific circumstances.
  • Proven Track Record: Our firm has successfully handled numerous cheque bounce cases, helping clients achieve favorable outcomes.
  • Clear Communication: We keep our clients informed throughout the legal process, ensuring they understand their options and the potential outcomes.

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 in the appropriate court under Section 138 of the Negotiable Instruments Act.
  3. Court Proceedings: We will represent you in court, presenting evidence and arguments to support your case.
  4. Resolution: The court may pass a judgment in favor of the aggrieved party, allowing for recovery of the cheque amount along with possible 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.

 

Vadodara

Vadodara is known for its legal system and courts handling diverse cases, from civil disputes to criminal proceedings.

 

If you are facing a cheque bounce issue, don’t hesitate to seek professional legal assistance. Contact Advocate Paresh M Modi today at 09925002031 for a consultation and let us help you protect your rights and recover your dues.

Author Advocate Paresh M Modi

Bank Case Lawyer in Ahmedabad | 9925002031 | Advocate Paresh M Modi | Banking Lawyer in Ahmedabad Gujarat

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Bank Case Lawyer in Ahmedabad | 9925002031 | Advocate Paresh M Modi | Banking Lawyer in Ahmedabad Gujarat

Banking Law Lawyer and Cheque Dishonor Case Advocate Paresh M Modi in Ahmedabad, Gujarat

In the bustling city of Ahmedabad, Gujarat, legal matters concerning banking laws, especially those related to cheque dishonor cases, often demand expert guidance and representation. Among the distinguished legal professionals in this domain, Advocate Paresh M Modi stands out as a beacon of expertise and proficiency. With a rich repertoire of experience and a commitment to legal excellence, Advocate Modi has carved a niche for himself in the legal landscape of Ahmedabad.

Legal Expertise in Banking Law:

Advocate Paresh M Modi specializes in banking law, encompassing a wide array of legal aspects related to banking and financial transactions. Banking law is a complex and dynamic field that encompasses various regulations, statutes, and judicial precedents governing the functioning of banks, financial institutions, and their interactions with customers and stakeholders. It covers areas such as loan agreements, debt recovery, negotiable instruments, banking frauds, and dispute resolution.

With a profound understanding of the intricacies of banking law, Advocate Modi offers comprehensive legal services tailored to the specific needs of his clients. Whether it involves advising banks and financial institutions on regulatory compliance, representing clients in banking disputes, or facilitating negotiations for out-of-court settlements, Advocate Modi’s expertise ensures effective legal solutions and strategic advocacy.

Cheque Dishonor Cases:

Cheque dishonor cases, often arising from the non-payment or insufficient funds in a bank account, are a common legal issue encountered by individuals and businesses in Ahmedabad and across India. These cases typically involve the dishonor of post-dated cheques, stale cheques, or cheques issued without sufficient funds, leading to legal proceedings under the Negotiable Instruments Act, 1881.

Advocate Paresh M Modi possesses profound proficiency in handling cheque dishonor cases, representing both plaintiffs and defendants with equal diligence and competence. From initiating legal action against defaulters to defending clients accused of cheque dishonor, Advocate Modi’s legal acumen and courtroom prowess ensure optimal outcomes for his clients.

Key Legal Services Offered by Advocate Paresh M Modi:

1. Legal Consultation and Advisory: Advocate Modi provides comprehensive legal consultation and advisory services to individuals, businesses, banks, and financial institutions seeking guidance on banking laws, cheque dishonor cases, debt recovery mechanisms, and compliance requirements.

2. Litigation and Dispute Resolution: With a strong focus on litigation, Advocate Modi represents clients in various forums, including district courts, high courts, and specialized tribunals, handling diverse banking disputes, cheque bounce cases, and appeals with utmost professionalism and dedication.

3. Negotiation and Settlement: Recognizing the value of alternative dispute resolution mechanisms, Advocate Modi adeptly negotiates settlements and out-of-court resolutions in cheque dishonor cases, striving to protect the interests of his clients while fostering amicable resolutions wherever possible.

4. Legal Representation in Arbitration: In matters requiring arbitration or alternative dispute resolution mechanisms, Advocate Modi offers proficient legal representation, ensuring that his clients’ rights and interests are safeguarded throughout the arbitration process.

5. Legal Documentation and Compliance: Advocate Modi assists clients in drafting and reviewing legal documents, contracts, agreements, and compliance policies related to banking transactions, ensuring adherence to statutory requirements and mitigating legal risks.

Why Choose Advocate Paresh M Modi:

1. Expertise and Experience: With years of experience and specialized expertise in banking law and cheque dishonor cases, Advocate Modi delivers exceptional legal services characterized by proficiency, precision, and professionalism.

2. Client-Centric Approach: Advocate Modi prioritizes the needs and objectives of his clients, striving to provide personalized legal solutions tailored to their specific circumstances and concerns.

3. Strategic Advocacy: Known for his strategic acumen and persuasive advocacy skills, Advocate Modi diligently represents his clients’ interests in legal proceedings, aiming for favorable outcomes and effective resolution of disputes.

4. Ethical Practice: Advocate Modi upholds the highest standards of ethical conduct and integrity in his legal practice, earning the trust and respect of clients, peers, and the judiciary alike.

5. Accessibility and Communication: Advocate Modi maintains open channels of communication with his clients, ensuring transparency, accessibility, and regular updates on the progress of their legal matters.

In conclusion, Advocate Paresh M Modi emerges as a prominent figure in the legal fraternity of Ahmedabad, Gujarat, renowned for his expertise in banking law and proficiency in handling cheque dishonor cases. With a steadfast commitment to legal excellence, ethical practice, and client satisfaction, Advocate Modi continues to be a trusted ally and advocate for individuals, businesses, banks, and financial institutions navigating the complexities of banking-related legal matters in Ahmedabad and beyond.

for any banking matter, banking law disputes, payment and settlement act cases, cheque Return Cases, Credit card Disputes, Home Loan Disputes, Car loan Disputes, Failure of Payment, Money Recovery Cases, you may contact the Best Advocate for Banking Matters, Advocate Paresh M Modi, Call and Book the Appointment on Mobile No. 9925002031

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.

Legal Words and Definitions

Loan

A loan is a sum of money borrowed from a lender, such as a bank or financial institution, that must be repaid with interest over a specified period.

Personal Loan

A personal loan is an unsecured loan provided for personal expenses, such as medical emergencies, travel, or home improvement, without collateral.

Business Loan

A business loan is a financial product designed to support business operations, including expansion, purchasing inventory, or meeting cash flow needs.

Online

Online refers to digital platforms or internet-based services used for accessing, applying for, or managing financial products like loans and credit.

Credit Card

A credit card is a financial tool issued by a bank, allowing users to borrow funds for purchases with a predetermined credit limit.

Late Payment

Late payment occurs when a borrower fails to pay the agreed installment or due amount by the specified deadline, often leading to penalties.

Settlement

Settlement is a mutual agreement between parties to resolve a financial or legal dispute, typically involving partial payment or revised terms.

Compromise

Compromise refers to an agreement where conflicting parties make concessions to settle disputes amicably.

Legal

Legal pertains to matters governed by law, including compliance, enforcement, and dispute resolution.

Solution

A solution is a method or strategy to address and resolve financial, legal, or personal issues effectively.

Disputes

Disputes are disagreements or conflicts, often financial or legal, that require resolution through negotiation, mediation, or legal intervention.

Matters

Matters refer to issues, cases, or concerns requiring attention or action, particularly in legal or financial contexts.

Remedy

A remedy is a means of addressing a wrong or resolving a dispute, often provided through legal or financial actions.

Services

Services refer to professional support or assistance offered in areas such as legal advice, financial planning, or loan management.

Due Payment

A due payment is the amount owed by a borrower to a lender or creditor that is yet to be paid within the agreed timeline.

Home Loan

A home loan is a secured loan provided to individuals for purchasing, constructing, or renovating residential properties.

Mortgage Loan

A mortgage loan is a secured loan where real estate property is pledged as collateral to secure the borrowed amount.

Unsecured

Unsecured refers to loans or financial products not backed by collateral, relying solely on the borrower’s creditworthiness.

Secured

Secured pertains to loans that are backed by collateral, such as property or assets, ensuring repayment to the lender.

Cheque

A cheque is a written order directing a bank to pay a specified amount from the issuer’s account to the named recipient.

ECS

Electronic Clearing System (ECS) is an electronic mode of transferring funds for recurring transactions like loan EMIs or utility bills.

NACH

National Automated Clearing House (NACH) is an electronic payment system facilitating bulk transactions, including salaries, pensions, and EMI payments.

Mandate

A mandate is an authorization given by an account holder to a bank or institution to debit their account for specific transactions.

Court

A court is a legal institution authorized to adjudicate disputes and enforce laws through judicial processes.

Case

A case is a legal matter brought before a court for resolution, often involving disputes, violations, or claims.

Bank

A bank is a financial institution that offers services such as deposits, loans, and credit facilities to individuals and businesses.

Account

An account is a financial arrangement with a bank or institution for managing deposits, withdrawals, and transactions.

Recovery

Recovery refers to the process of collecting overdue payments or debts from borrowers or defaulters.

Agent

An agent is an individual or entity authorized to act on behalf of another, often in debt recovery or financial transactions.

Harassments

Harassments refer to unethical or aggressive actions, often by creditors or agents, to recover overdue payments.

Overdue

Overdue describes payments or obligations that have not been settled by the agreed deadline.

EMI

Equated Monthly Installment (EMI) is a fixed monthly payment made towards repaying a loan over a set period.

Creditors

Creditors are entities or individuals who lend money or extend credit and expect repayment from borrowers.

Debtors

Debtors are individuals or entities who owe money to creditors or lenders.

Finance

Finance refers to the management of money, including borrowing, lending, saving, and investing.

Financer

A financer is a person or entity that provides funds for business, personal, or investment purposes.

NBFC

Non-Banking Financial Companies (NBFCs) are financial institutions that offer services like loans and investments but do not hold banking licenses.

Private

Private refers to non-governmental financial institutions or services offered by privately-owned entities.

Company

A company is a legal entity engaged in business activities, including financial services such as lending and investment.

Advocates

Advocates are legal professionals authorized to represent clients in courts and provide legal advice.

Lawyers

Lawyers are trained legal practitioners who offer legal services, advice, and representation in legal matters.

Vakil

Vakil is a term commonly used in India to refer to an advocate or lawyer.

Mediation

Mediation is an alternative dispute resolution process where a neutral mediator helps conflicting parties reach an agreement.

Near

Near refers to proximity or closeness to a specific location or service provider.

Near Me

Near Me refers to services or professionals located close to the user’s current or specified location.

Ahmedabad

Ahmedabad is a major city in Gujarat, India, known for its legal, financial, and business services.

Gujarat

Gujarat is a state in western India, known for its robust economy, legal infrastructure, and financial services.

Contact Advocate Paresh M Modi

Mobile: +91 9925002031 (Only WhatsApp sms – Timing 9 am to 9 pm)
Office Landline: +91-79-48001468 (For  Appointment Only – Timing 10.30 am to 6.30 pm – On Working Days)
Email: advocatepmmodi@gmail.com
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

 

Cheque Bounce Lawyer in Ahmedabad | 09925002031

Categories Cheque Bounce Lawyer

Cheque Return Lawyer near me in Ahmedabad | 9925002031 | Advocate Paresh M Modi | Bank Loan EMI Case Advocate in Ahmedabad

Credit Card EMI Advocate in Ahmedabad | 9925002031 | Paresh M Modi | Loan Cheque Bounce Lawyer Near me in Ahmedabad

Welcome to the official Blog Page of Advocate Paresh M Modi, a renowned legal professional based in Ahmedabad, Gujarat, India. With expertise in the Negotiable Instruments Act, 1881, Advocate Paresh M Modi has earned a stellar reputation as a Cheque Bounce Case Attorney and a trusted advocate for matters related to cheque dishonor. He is the famous lawyer for NI Act Cases in Ahmedabad Gujarat. The ability to handle any kind of tough cases makes Law Firm of Advocate Paresh M Modi one of the best law firms in Ahmedabad, Gujarat.

The Negotiable Instruments Act, 1881

 The Negotiable Instruments Act, 1881, is a crucial legislation in India governing the use and transfer of negotiable instruments such as promissory notes, bills of exchange, and cheques. It provides a legal framework for the orderly conduct of commercial transactions.

Advocate Paresh M Modi is recognized as a specialist lawyer for the NI Act in Gujarat, particularly in Ahmedabad. His expertise is prominently known in handling Cheque Bounce Cases, a common legal issue under the NI Act. he is a well known cheque bounce Lawyer in Ahmedabad Gujarat

As a seasoned professional, Advocate Paresh M Modi is well-versed in the intricacies of the act, ensuring effective representation and guidance for individuals and businesses facing legal challenges related to negotiable instruments.

Cheque Return Case Lawyer in Gujarat India | 9925002031 | Advocate Paresh M Modi | Cheque Dishonor Attorney in Gujarat India | Bank Loan Dispute Lawyer in Ahmedabad

His reputation as a leading Cheque Bounce Case Lawyer in Gujarat speaks to his proficiency in navigating the complexities of this area of law. Clients often seek his services for reliable legal counsel and representation in matters concerning dishonored cheques, emphasizing his significant contributions to the legal landscape in Gujarat, India.

About Advocate Paresh M Modi:

 Advocate Paresh M Modi stands out as a seasoned legal practitioner specializing in NI Act Section 138 cases, offering comprehensive legal support for individuals and businesses facing challenges in cheque-related matters. His in-depth knowledge of the law and commitment to client advocacy have positioned him as a top choice for those dealing with Cheque Return issues and other associated concerns.

What Happens When a Person Defaults on Bank Personal Loans, Credit Card Payments, or Home Loan EMIs?

  1. Personal Loan Default:
    • Immediate Actions by the Bank:
      Banks start by sending reminders and follow-ups to the borrower. If the payment remains overdue, they may report the default to credit bureaus like CIBIL, negatively affecting the individual’s credit score.
    • Legal Consequences:
      Banks may issue a legal notice under the Negotiable Instruments Act (if a cheque or ECS mandate was used) or initiate recovery proceedings.
  2. Credit Card Payment Failure:
    • Financial Penalty:
      Late fees, interest penalties (ranging from 2% to 4% monthly), and over-limit charges may be added to the outstanding balance.
    • Collection Actions:
      Persistent non-payment can lead to harassment by recovery agents, which can be reported under RBI’s fair practice guidelines.
    • Credit Score Impact:
      Defaulting significantly lowers creditworthiness, reducing future borrowing capacity.
  3. Home Loan EMI Default:
    • Bank Actions:
      After missing 3 consecutive EMIs, the bank may issue a 60-day demand notice under the SARFAESI Act. If unresolved, the property may be seized and auctioned to recover dues.
    • Legal Consequences:
      The borrower can challenge the action in the Debt Recovery Tribunal (DRT), but delay may lead to loss of the property.

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.

Type of Action

1. Credit Card Dues Failures and Bank Recovery Agents

  • Relevant Law: Indian Contract Act, 1872, and RBI Guidelines.
  • Sections/Penalties:
    • Banks may impose late fees, penal interest (2-4% monthly), and impact credit scores.
    • Harassment by recovery agents violates RBI’s Fair Practice Code, which can lead to customer complaints with Banking Ombudsman.
  • Sentences: Civil proceedings may be initiated for recovery.

2. Home Loan EMI Failure and Next Stage Process

  • Relevant Law: SARFAESI Act, 2002.
  • Sections/Penalties:
    • Section 13(2): 60-day demand notice issued after 3 consecutive defaults.
    • Section 13(4): Bank can seize and auction property for loan recovery.
    • Legal fees and outstanding dues added to recovery.
  • Sentences: Loss of mortgaged property; legal actions in DRT for disputes.

3. Personal Loan EMI Bounce and Bank Action

  • Relevant Law: Negotiable Instruments Act, 1881.
  • Sections/Penalties:
    • Section 138: Cheque bounce can result in a penalty, up to 2 years of imprisonment, or a fine double the cheque amount.
    • Late fees and penal interest apply.
  • Sentences: Legal notice is issued within 30 days of default.

4. Payment and Settlement Act Action Taken by Bank

  • Relevant Law: Payment and Settlement Systems Act, 2007.
  • Sections/Penalties:
    • Section 25: Penalty for non-payment via mandated instruments like ECS.
    • Fine up to ₹10 lakh; repeated offenses may lead to restricted access to bank facilities.
  • Sentences: Civil liabilities, such as attachment of accounts/assets.

5. Bank Uses ECS Mandate or Cheques for Recovery of Loan

  • Relevant Law: RBI Guidelines on ECS & NACH Mandates.
  • Sections/Penalties:
    • Mandate misuse violates RBI regulations, subject to penalties on the bank.
    • Defaulting on ECS payments can lead to penalties, legal actions, and reporting to credit bureaus.
  • Sentences: Legal cases under NI Act or SARFAESI for recovery.

6. Arbitration Action by Bank for Recovery of Legal Dues

  • Relevant Law: Arbitration and Conciliation Act, 1996.
  • Sections/Penalties:
    • Section 11: Arbitration initiated for disputes.
    • Section 36: Award enforcement like court decrees; property attachment possible.
  • Sentences: Arbitration awards are final unless challenged in High Court within 90 days.

For all these cases, it’s vital to consult Advocate Paresh M Modi, The legal expert of Banking Law and Procedures’ promptly to navigate penalties and negotiate settlements

Cheque Return Lawyer near me in Ahmedabad | 9925002031 | Advocate Paresh M Modi | Bank Loan EMI Bounce Case Advocate  in Ahmedabad Gujarat

Services Offered:

Cheque Bounce Cases:

Advocate Paresh M Modi excels in handling Cheque Bounce Cases with precision and diligence. His expertise covers the intricate details of the legal processes involved, ensuring clients receive effective representation. he is a famous cheque bounce cases Lawyer in Gujarat India

Top Advocate for Cheque Dishonor Matters:

As a leading advocate in Gujarat, Advocate Paresh M Modi is recognized for his proficiency in addressing Cheque Dishonour Matters. Clients trust him for strategic legal advice and representation in these critical situations. people know him as a Cheque Dishonor matters Advocate in Gujarat India

NI Act Section 138 Cases:

With a deep understanding of Section 138 of the Negotiable Instruments Act, Advocate Paresh M Modi navigates clients through the complexities of NI Act cases, offering reliable solutions and expert guidance. he is the perfect Vakil for NI Act Cases in Gujarat India

Bank Loan EMI Bounce Problems:

Advocate Paresh M Modi extends his legal expertise to address Bank Loan EMI Bounce Problems, providing valuable insights and assistance to individuals and businesses grappling with financial challenges. he is the established Lawyer for Bank Loan Problems

 

Contact Information:

For more information and insights about the legal services offered by Advocate Paresh M Modi, feel free to explore our website at https://www.advocatepmmodi.in. Trust in the expertise and legal knowledge of Advocate Paresh M Modi for effective resolution of your legal matters.

For legal advice and support, you can contact Advocate Paresh M Modi at:

  • Office Landline Phone Number: 079-48001468 (Monday to Saturday, 10:30 AM to 6:30 PM)
  • WhatsApp or Personal Mobile Number: 9925002031 (available from 9:00 AM to 9:00 PM only)
  • Email: advocatepmmodi@gmail.com

ગુજરાત ક્રેડીટ કાર્ડ ઈએમઆઈ એડવોકેટ અમદાવાદ માં । 9925002031 | લોન ચેક બાઉન્સ લોયર મારી નજીક અમદાવાદ માં | એડવોકેટ પરેશ એમ મોદી

ગુજરાતના અગ્રણી ચેક બાઉન્સ કેસ વકીલ તરીકેની તેમની પ્રતિષ્ઠા કાયદાના આ ક્ષેત્રની જટિલતાઓને નેવિગેટ કરવામાં તેમની નિપુણતા દર્શાવે છે. ગુજરાત, ભારતમાં કાનૂની લેન્ડસ્કેપમાં તેમના નોંધપાત્ર યોગદાન પર ભાર મૂકતા ગ્રાહકો અવારનવાર વિશ્વસનીય કાનૂની સલાહકાર અને ચેક અસ્વીકાર –  ચેક બાઊંસ – ચેક અસ્વીકાર ને લગતી બાબતોમાં રજૂઆત માટે તેમની સેવાઓ લે છે.

એડવોકેટ પરેશ એમ મોદી વિશે:

એડવોકેટ પરેશ એમ મોદી NI એક્ટ કલમ 138 કેસોમાં વિશેષતા ધરાવતા અનુભવી કાનૂની પ્રેક્ટિશનર તરીકે અલગ છે, જે ચેક સંબંધિત બાબતોમાં પડકારોનો સામનો કરી રહેલા વ્યક્તિઓ અને વ્યવસાયો માટે વ્યાપક કાનૂની સમર્થન પ્રદાન કરે છે. કાયદાનું તેમનું ઊંડાણપૂર્વકનું જ્ઞાન અને ક્લાયંટની હિમાયત પ્રત્યેની પ્રતિબદ્ધતાએ તેમને ચેક રિટર્નના મુદ્દાઓ અને અન્ય સંબંધિત ચિંતાઓ સાથે કામ કરતા લોકો માટે ટોચની પસંદગી તરીકે સ્થાન આપ્યું છે.

જે વ્યક્તિ બેંકના પર્સનલ લોન ડિફોલ્ટ, ક્રેડિટ કાર્ડ ચુકવણી નિષ્ફળતા અથવા હોમ લોન ઈએમઆઈ બાકી ચુકવવામાં નિષ્ફળ જાય છે તે સાથે શું થાય છે?

  1. પર્સનલ લોન ડિફોલ્ટ:
    • બેંક દ્વારા તાત્કાલિક પગલાં:
      બેંક શરૂઆતમાં ગ્રાહકને રીમાઈન્ડર મોકલે છે. ચુકવણી ન થતાં બાકી રકમ ક્રેડિટ બ્યુરો (જેમ કે CIBIL) ને રિપોર્ટ કરવામાં આવે છે, જેનાથી ક્રેડિટ સ્કોર પર નકારાત્મક અસર થાય છે.
    • કાનૂની પરિણામો:
      બેંક નેગોશિયેબલ ઈન્સ્ટ્રુમેન્ટ એક્ટ હેઠળ કાનૂની નોટિસ જારી કરી શકે છે અથવા રિકવરી કાર્યવાહી શરૂ કરી શકે છે.
  2. ક્રેડિટ કાર્ડ ચુકવણી નિષ્ફળતા:
    • આર્થિક દંડ:
      લેટ ફી, વ્યાજ દંડ (માસિક 2% થી 4% સુધી), અને ઓવર-લિમિટ ચાર્જ બાકી રકમ પર ઉમેરવામાં આવે છે.
    • વસૂલી કાર્યવાહી:
      જો ચુકવણી વારંવાર થતી નથી, તો રિકવરી એજન્ટ હેરાન કરી શકે છે, જેની ફરિયાદ આરબીઆઈના ફેર પ્રેક્ટિસ ગાઈડલાઈન હેઠળ થઈ શકે છે.
    • ક્રેડિટ સ્કોર અસર:
      નિષ્ફળતા ભવિષ્યની લોન મેળવવાની ક્ષમતા ઘટાડે છે.
  3. હોમ લોન ઈએમઆઈ ડિફોલ્ટ:
    • બેંક પગલાં:
      3 સતત ઈએમઆઈ ચૂકવવામાં નિષ્ફળ થતા બેંક SARFAESI અધિનિયમ હેઠળ 60 દિવસની ડિમાન્ડ નોટિસ જારી કરે છે. ચુકવણી ન થાય તો મિલકત જપ્ત કરી લિલામી કરી શકે છે.
    • કાનૂની પરિણામો:
      ડિફોલ્ટ કરનાર ડીઆરટી (ડેટ રિકવરી ટ્રિબ્યુનલ) માં આ કાર્યવાહી પડકાર આપી શકે છે, પરંતુ વિલંબથી મિલકત ગુમાવવાની સંભાવના છે

Type of Action

1. ક્રેડિટ કાર્ડ બાકી ચુકવણી અને બેંક રિકવરી એજન્ટ્સ

  • લાગુ કાનૂન: ભારતીય કરાર અધિનિયમ, 1872 અને આરબીઆઈ માર્ગદર્શિકા.
  • કલમ/દંડ:
    • બેંક લેટ ફી, દંડવ્યાજ (માસિક 2-4%) લગાવી શકે છે અને ક્રેડિટ સ્કોરને અસર કરી શકે છે.
    • રિકવરી એજન્ટ્સ દ્વારા હેરાનગતી આરબીઆઈના ફેર પ્રેક્ટિસ કોડનો ભંગ કરે છે, જે ગ્રાહક ફરિયાદો માટે બેંકિંગ ઓમ્બડસમન પાસે લઈ જવામાં આવે છે.
  • શિક્ષા: બાકી રકમ વસૂલવા માટે નાગરિક કાર્યવાહી શરૂ થઈ શકે છે.

2. હોમ લોન ઈએમઆઈ બાકી ચુકવણી અને આગળની પ્રક્રિયા

  • લાગુ કાનૂન: SARFAESI અધિનિયમ, 2002.
  • કલમ/દંડ:
    • કલમ 13(2): 60 દિવસનું ડિમાન્ડ નોટિસ 3 સતત ચુકવણીઓમાં નિષ્ફળ થયા પછી જારી થાય છે.
    • કલમ 13(4): બેંક લોન વસૂલવા માટે પ્રોપર્ટી જપ્ત કરી અને લિલામી કરી શકે છે.
    • કાયદાકીય ખર્ચ અને બાકી રકમ વસૂલવામાં ઉમેરવામાં આવે છે.
  • શિક્ષા: મૂલ્યવાન મિલકત ગુમાવવી પડે છે; વિવાદ માટે ડીઆરટીમાં કાયદાકીય પગલાં.

3. વ્યક્તિગત લોન ઈએમઆઈ બાઉન્સ અને બેંકની કાર્યવાહી

  • લાગુ કાનૂન: પરિગણનাযোগ્ય સાધનો અધિનિયમ, 1881.
  • કલમ/દંડ:
    • કલમ 138: ચેક બાઉન્સ પર દંડ, 2 વર્ષ સુધીની જેલની સજા, અથવા ચેકની રકમના બે ગણી દંડ થઈ શકે છે.
    • લેટ ફી અને દંડવ્યાજ લાગુ થાય છે.
  • શિક્ષા: ડિફોલ્ટ પછી 30 દિવસની અંદર કાનૂની નોટિસ જારી થાય છે.

4. ચુકવણી અને ચુકવણી અધિનિયમ હેઠળ બેંકની કાર્યવાહી

  • લાગુ કાનૂન: પેમેન્ટ એન્ડ સેટલમેન્ટ સિસ્ટમ્સ અધિનિયમ, 2007.
  • કલમ/દંડ:
    • કલમ 25: ઈસીએસ જેવી નિર્ધારિત વ્યવસ્થાઓ દ્વારા ચુકવણી ન કરવા માટે દંડ.
    • ₹10 લાખ સુધીનો દંડ; વારંવાર દોષિત થવા પર બેંક સુવિધાઓ પર પ્રતિબંધ થઈ શકે છે.
  • શિક્ષા: નાગરિક દાયિત્વ, જેમ કે ખાતા/સંપત્તિની જપ્તી.

5. બેંક લોન વસૂલી માટે ઈસીએસ મંડેટ અથવા ચેકનો ઉપયોગ કરે છે

  • લાગુ કાનૂન: આરબીઆઈના ઈસીએસ અને નેચ મંડેટ અંગેના માર્ગદર્શિકા.
  • કલમ/દંડ:
    • મંડેટનો ગેરવપરાશ આરબીઆઈ નિયમોનો ભંગ કરે છે, બેંકને દંડ થવા પાત્ર છે.
    • ઈસીએસ ચુકવણીઓમાં નિષ્ફળતા પર દંડ, કાયદાકીય કાર્યવાહી, અને ક્રેડિટ બ્યુરોમાં રિપોર્ટિંગ થઈ શકે છે.
  • શિક્ષા: વસૂલાત માટે એનઆઈ એક્ટ અથવા SARFAESI હેઠળ કેસ.

6. કાયદાકીય બાકી રકમ વસૂલી માટે બેંક દ્વારા સલાહપત્ર ક્રિયા

  • લાગુ કાનૂન: આર્બિટ્રેશન એન્ડ કન્સિલિએશન અધિનિયમ, 1996.
  • કલમ/દંડ:
    • કલમ 11: વિવાદો માટે આર્બિટ્રેશન શરૂ થાય છે.
    • કલમ 36: કોર્ટના હુકમ તરીકે જ આરબિટ્રેશન એવોર્ડનું અમલ થાય છે; સંપત્તિ જપ્તી થઈ શકે છે.
  • શિક્ષા: આરબિટ્રેશન એવોર્ડ અંતિમ હોય છે, જો 90 દિવસની અંદર હાઈકોર્ટમાં પડકાર ન આપવો હોય.

આ તમામ કેસોમાં, ઝડપથી કાનૂની નિષ્ણાતોની સલાહ લેવી મહત્વપૂર્ણ છે જેથી દંડ અને દોષને ટાળી શકાય અને ઉકેલ મેળવવામાં સરળતા થાય

અમદાવાદમાં મારી નજીકના ચેક રિટર્ન કેસના વકીલ | 9925002031 | અમદાવાદમાં મારી નજીકના ચેક બાઉન્સ એડવોકેટ | એડવોકેટ પરેશ એમ મોદી

ઓફર કરેલી સેવાઓ:

ચેક બાઉન્સ કેસ:

એડવોકેટ પરેશ એમ મોદી ચોકસાઇ અને ખંત સાથે ચેક બાઉન્સના કેસોને હેન્ડલ કરવામાં શ્રેષ્ઠ છે. તેમની કુશળતા તેમાં સામેલ કાનૂની પ્રક્રિયાઓની જટિલ વિગતો આવરી લે છે, ગ્રાહકોને અસરકારક પ્રતિનિધિત્વ મળે તેની ખાતરી કરે છે. તેઓ ગુજરાત ભારતના પ્રખ્યાત ચેક બાઉન્સ કેસના વકીલ છે

ચેક અસ્વીકાર બાબતો માટે ટોચના વકીલ:

ગુજરાતમાં અગ્રણી એડવોકેટ તરીકે, એડવોકેટ પરેશ એમ મોદી ચેક ડિસઓનર બાબતોને સંબોધવામાં તેમની નિપુણતા માટે જાણીતા છે. આ જટિલ પરિસ્થિતિઓમાં વ્યૂહાત્મક કાનૂની સલાહ અને પ્રતિનિધિત્વ માટે ગ્રાહકો તેમના પર વિશ્વાસ કરે છે. લોકો તેમને ગુજરાત ભારતમાં ચેક ડિસઓનર મેટર્સના એડવોકેટ તરીકે ઓળખે છે

NI એક્ટ કલમ 138 કેસો:

નેગોશિયેબલ ઇન્સ્ટ્રુમેન્ટ્સ એક્ટની કલમ 138ની ઊંડી સમજણ સાથે, એડવોકેટ પરેશ એમ મોદી ક્લાયન્ટ્સને NI એક્ટ કેસની જટિલતાઓ દ્વારા નેવિગેટ કરે છે, વિશ્વસનીય ઉકેલો અને નિષ્ણાત માર્ગદર્શન ઓફર કરે છે. તેઓ ગુજરાત ભારતમાં NI એક્ટ કેસો માટે સંપૂર્ણ વકીલ છે

બેંક લોન EMI બાઉંસ સમસ્યાઓ:

એડવોકેટ પરેશ એમ મોદી બેંક લોન ઈ.એમ.આઈ. બાઉંસની સમસ્યાઓના નિરાકરણ માટે તેમની કાનૂની કુશળતાનો વિસ્તાર કરે છે, જે નાણાકીય પડકારોનો સામનો કરી રહેલા વ્યક્તિઓ અને વ્યવસાયોને મૂલ્યવાન આંતરદૃષ્ટિ અને સહાય પૂરી પાડે છે. તે બેંક લોન સમસ્યાઓ માટે સ્થાપિત વકીલ છે.

 

સંપર્ક માહિતી:

એડવોકેટ પરેશ એમ મોદી દ્વારા ઓફર કરવામાં આવતી કાનૂની સેવાઓ વિશે વધુ માહિતી અને આંતરદૃષ્ટિ મેળવવા માટે અમારી વેબસાઇટ https://www.advocatepmmodi.in પર નિઃસંકોચ મુલાકાત લો. તમારી કાનૂની બાબતોના અસરકારક નિરાકરણ માટે એડવોકેટ પરેશ એમ મોદીના અનુભવ અને કાનૂની જ્ઞાન પર વિશ્વાસ રાખો.

કાનૂની સલાહ અને સમર્થન માટે તમે એડવોકેટ પરેશ એમ મોદીને નીચેની રીતે સંપર્ક કરી શકો છો:

  • ઓફિસ લેન્ડલાઇન ફોન નંબર: 079-48001468 (સોમવારથી શનિવાર, સવારે 10:30 થી સાંજે 6:30 સુધી)
  • વોટસેપ અથવા પરસનલ મોબાઈલ નંબર: 9925002031 (માત્ર સવારે 9:00 થી રાત્રે 9:00 સુધી ઉપલબ્ધ)
  • ઈમેલ: advocatepmmodi@gmail.com

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.

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 Information

For legal consultation or representation in matters of Anticipatory bail, Regular bail, Discharge Applications, FIR Quashing, Cheque Return Cases, or Criminal Appeals, connect with Advocate Paresh M Modi through his official website: www.advocatepmmodi.in. You can contact Call / WhatsApp on Mobile no. 9925002031. (Timing 9 am to 9 pm)

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Cheque Bounce Lawyer in Ahmedabad, Cheque Return Case Lawyer in Ahmedabad, Cheque Dishonour vakil in Gujarat

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

Top Cheque bounce lawyer in Ahmedabad | 9925002031 | Cheque Return Advocates Ahmedabad Gujarat | Advocate Paresh M Modi

Top Cheque bounce lawyer in Ahmedabad | 9925002031 | Cheque Return Advocates Ahmedabad Gujarat | Advocate Paresh M Modi

20. Inchoate stamped instruments:

where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in India and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount: provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder.

Bir Singh Vs. Mukesh kumar 2019 (1) G.L.H. 338.

Negotiable Instruments Act, 1881-Sections 20, 118(a),138, 139-Criminal Procedure code, 1973- Sections 243(2), 293-Cheque dishonored-Cheque given as security-Cheque Misused by complainant which is paid back-Section 118(a) or 139 of Act entitles to raise presumption-To Provide his evidence he must be given proper time-Accused be given opportunity to for adduce evidence in rebuttal thereof-Application filed by appellant under Section 243, Cr.P.C. he wrongly mentioned as Section 293, Cr.P.C for referring cheque in question for examination by Director, FSL for determining age of his signature-Court being master of proceedings must determine as to see whether application filed by accused in terms of Section 243(2), Cr.P.C. is bonafide or not and proposes to bring on record relevant material-Contention rejected by trial Judge and High Court considering appellant only having regard to provisions of Section 20 of Negotiable Instruments Act-By reason thereof-Accordingly instrument Subject to conditions-Application filed by appellant is bonafide-Challenged judgment is not sustainable-Therefore set aside.

Advocate Paresh M Modi is the Best Criminal Advocates well as Top Cheque Bounce Case Lawyer in Ahmedabad, Specially for NI Act Cases, Cheque Return Cases. Advocate Paresh M Modi is Practising in all Cities of Gujarat State, Specially he is working in Ahmedabad and at different areas like, Chandkheda, Sabarmati, Jawahar Chock, Keshavnagar, RTO Circle, Gandhi Ashram, Vadaj, New Vadaj, Bhimjipura, Akhbar nagar, KK nagar, Ghatlodia, Chanakyapuri, Sola, Shayona City, Naranpura, Navrangpura, Gurukul, CP nagar, Bhuyangdev, Usmanpura, Drivein, Science City, Satadhar, Memnagar, Nirnay Nagar, Chenpur, Kali Gaam, Zundal, Adalaj, IOC Road, Bhadaj Santej, Shilaj, Ambli, Bopal, Shilaj, Shela, Apple Wood, Godrej Garden City Ahmedabad, Adani Shantigram Ahmedabad, Krishna nagar, D-Cabin, Ramnagar Ahmedabad, Gujarat University, Ambawadi, Ashram Road, Income tax Circle, Nehru Bridge, Ellis Bridge, Paldi, Vasna, Shahibag, Ranip, Mithakhali, New Ranip, Dariapur, Kalupur, Shahpur, Station Road Ahmedabad, Ghee Kanta, Mirzapur Ahmedabad, Dafnala Ahmedabad, Airport Road, Sardar nagar, Kuber Nagar, Memco, Civil Hospital, Bapunagar, Gomtipur, Asarva, Prahladnagar, Makaraba, Satellite, Anand Nagar, Bodakdev, Vastrapur, Thaltej, Shilaj, Jodhpur, Ramdev nagar, Sindhu bhavan, Gota, Ognaj, Vande-Matram Circle, Tragad, Jagatpur, Motera, New CG Road, SG Road, Sarkhej, Juhapura, Kankaria, Maninagar, Ghodasar, Isanpur, Vatva, Ramol, Vastral, Odhav, Narol, Hathijan, Dehgam, Nikol, New Nikol, Naroda, New Naroda, SP Ring Road, Lambha, Aslali, GIDC Ahmedabad, Saijpur Bogha, Balol nagar,

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.

Cheque Dishonor Lawyer in Ahmedabad Gujarat| 9925002031 | Top cheque Bounce Lawyers In Gujarat India

કલમ:- 20 “સ્ટેમ્પવાળું અધરું ખત”:

વટાઉખત સંબંધી ભરતમાં તે સમયે અમલમાં હોય તેવા કાયદા અનુસાર સ્ટેમ્પવાળા કાગળ તદન કોરા રાખીને અથવા તેના ઉપર અધુરું વટાઉખત લખીને કોઇ એક વ્યકિત તેના ઉપર સહી કરીને બીજી વ્યકિતનેં સોપે ત્યારે તે વ્યકિત, તેથી તે કાગળના ધારકને તેના ઉપર વધુમાં વધુ તે સ્ટેમ્પની મર્યાદામાં હોય તેટલી અને તેમાં નિર્દિષ્ટ કરેલી રકમ તે યથાપ્રસંગ વટાઉખત બનાવવાનો અથવા પુરું કરવાનો પ્રથમ દર્શેને અધિકાર આપે છે એ રીતે સહી કરનાર વ્યકિતએ જે હેસિયતમાં વ્ટાઉખત ઉપર સહી કરી હોય તે હેસિયતમાં તે વ્યકિત, તે સિવાયની કોઇપણ વ્યકિત તે ખત સોપનાર વ્યકિત પાસેથી તે ખત હેઠળ જેટલી રકમ આપવાનો તેનો ઇરાદો હોય તેથી વધુ રકમ વસુલ કરી શકશે નહિં.

Bir Singh Vs. Mukesh kumar 2019 (1) G.L.H. 338.

વટાઉખત અધિનિયમ 1881, કલમ-20, 118(એ), 138,139-ફોજદારી કાર્યરીતી સંહિતા, 1973-કલમ-243(2),293-ચેકનો અસ્વીકાર થયો હતો-ચેક જામીનગીરી પેટે આપવામાં આવ્યો હતો- ચેકનો ફરિયાદ ધ્વારા દુરૂપયોગ કરવામાં આવેલો જેની પરત ચુકવણી કરવામાં આવી હતી-અધિનિયમની કલમ-118 (એ) અથવા 139 અનુમાન કરવા માટે હકદાર બનાવે છે-તેનો પુરાવો રજુ કરવાની તક આપવી જોઇએ-વિવાદી ધ્વારા ફોજદારી કાર્યરીતી સંહિતા, ની કલમ-243 હેઠળ અરજી કરવામાં આવી હતી-તેણે સવાલવાળા ચેકની ચકાસણી માટે નિર્દેશક, એફ.એસ.એલ. ને સહીના સમયગાળો નક્કી કરવાના હેતુસર માટે મોકલવા બાબતની અરજીમાં ભુલથી ફોજદારી કાર્યરીતી સંહિતા ની કલમ-293 નો ઉલ્લેખ કર્યો હતો- અદાલત કાર્યવાહીની નિષ્ણાત હોવાથી તેણે એ જોઇને નકકી કરવું ફરજીયાત છે કે શું આરોપી ધ્વારા ફોજદારી કાર્યરીતી સંહિતા ની કલમ 243(2) હેઠળ કરવામાં આવેલ અરજી શુધ્ધબુધ્ધિ પુર્વકની છે કે નહી અને તે સંબંધીત સામગ્રીને રેકોર્ડ પર લાવવા માંગે છે-મુકદમા ન્યાયાધીશે વિવાદ નામંજુર કરેલો અને વિવાદ અરજીને માત્ર વટાઉખત અધિનિયમની કલમ-20 હેઠળની જોગવાઇઓ પુરતી જ ધ્યાને લીધેલી-જેના કારણોસર તે કરવામાં આવી હતી-તે પ્રમાણે વટાઉખત શરતોને આધીન છે-વિવાદી ધ્વારા કરવામાં આવેલ અરજી શુધ્ધબુધ્ધિ પુર્વકની છે-પડકારવામાં આવેલ ચુકાદો ટકવાપાત્ર નથી-તેણી તેને રદ કરવામાં આવ્યો.

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