Categories Criminal Cases

Advocate in Ahmedabad Gujarat | 9925002031 | Top Lawyer in Ahmedabad | Advocate Paresh M Modi

Advocate in Ahmedabad Gujarat | 9925002031 | Top Lawyer in Ahmedabad | Advocate Paresh M Modi

Ahmedabad, a bustling city in Gujarat, is home to diverse legal needs. At Advocate Paresh M Modi, we proudly serve as your dedicated advocates in Ahmedabad, offering a comprehensive range of legal services tailored to meet the unique requirements of individuals and businesses alike. Generally, Advocates in Gujarat called as Vakil or Vakil Saheb, in Such terms Advocate Paresh M Modi is a Best Vakil in Ahmedabad, a distinguished criminal lawyer based in Ahmedabad, Gujarat, Advocate Paresh M Modi’s Law firm has a team of specialized Advocates like, “Best Criminal Lawyers, Top Lawyers for High Court Matters, Bail Matter Lawyers, POCSO Act Lawyers, Atrocity Act Case Advocates, Advocates for Appeal, Lawyers for Revision Petition, Gujarat Land Grabbing Act Lawyers, Civil Suit Advocates, Gujarat Co-operative Housing Society Act Lawyers, Family Law Attorneys, Family Disputes Case Advocates, Court Marriage Lawyers, Special Marriage Act Lawyers, Extra Marital Affair Case Advocates, Divorce Lawyers, NRI Divorce Case Lawyers, Mutual Marriage Dissolution Attorneys, Domestic Violence Act Advocates, Dowry Act Case Vakil’s, Social Media Fraud Case Lawyers, Cyber Crime Law Advocates, Online Fraud Case Advocates, Bank Account unfreeze Process Lawyers, Banking Law Advocates, Cheque Bounce Case Advocates, Home loan Dispute Case Lawyers, Credit card – Loan Dues Lawyers, DRT Case Lawyers, NCLT matters Lawyers, Corporate matters Lawyers, Business Transaction Disputes Lawyers, FIR Quashing Attorneys, Gold Smuggling Case Advocates, Custom Law Lawyers, Consumer Protection Act Lawyers, Motor Accident Claim Case Advocates, Company Insurance Claim Attorneys, Property Lawyers, Property Litigation Case Lawyers, Property Title Certificate Advocates, Intellectual Property Lawyers, Ancestral Property Case Lawyers, RERA Act Advocates, Real Estate Lawyers, Sale deed Lawyers, Rent Agreement Lawyers, Lease deed Registration Lawyers, SRO Department liaison Work Lawyers, Disturb Area Permission Lawyers, Land Revenue Lawyers, Tenancy Act Advocates, Ganot Dharo Lawyers, Top Lawyers for Dholera SIR, SSRD Advocates”, who provides expert legal representation in various types of cases across Judicial Magistrate Court, City Civil Court, Sessions Court, District Court, and High Court. With a profound understanding of the Bhartiya Nyaya Sanhita Act 2023, Bhartiya Nagarik Suraksha Sanhita Act 2023, and Bhartiya Sakshya Adhiniyam Act 2023, Advocate Modi adeptly handles cases ranging from theft, assault, and fraud to complex crimes like cyber offenses and organized crime. The Bhartiya Nyaya Sanhita Act emphasizes the principles of justice, incorporating comprehensive procedures for fair trials and effective adjudication. The Bhartiya Nagarik Suraksha Sanhita Act underscores the protection of citizens, addressing various facets of criminal conduct and public safety. Furthermore, the Bhartiya Sakshya Adhiniyam Act fortifies the evidentiary framework, ensuring the admissibility and reliability of evidence in criminal proceedings. Advocate Modi’s proficiency in navigating these legislative frameworks enables him to deliver robust defense strategies, uphold the rights of the accused, and contribute to the maintenance of justice in Gujarat’s criminal justice system. His dedication to legal excellence and client advocacy positions him as a trusted advocate in the realm of criminal law. 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.

Best Vakil in Ahmedabad Gujarat | 9925002031 | Top Attorney in Ahmedabad | Advocate Paresh M Modi

About Advocate Paresh M Modi

Your Trusted Legal Partner in Ahmedabad

At Advocate Paresh M Modi, we understand the importance of having a reliable legal partner by your side. With a commitment to excellence, our team of experienced advocates in Ahmedabad is dedicated to providing top-notch legal solutions. Whether you’re facing a legal dispute, seeking advice on business matters, or navigating personal legal issues, we are here to guide you with professionalism and expertise.

Comprehensive Legal Services in Ahmedabad

Civil Litigation | Advocate Paresh M Modi | Top Civil Lawyer in Ahmedabad Gujarat

In the realm of civil litigation, our Civil Law Advocates in Ahmedabad specialize in providing strategic and effective representation. We handle a wide range of civil disputes, ensuring that your rights are protected and your legal objectives are met.

Criminal Defense | Advocate Paresh M Modi | Top Criminal Lawyer in Ahmedabad Gujarat

When facing criminal charges, having a strong defense is crucial. Our experienced Criminal Defense Advocates in Ahmedabad work tirelessly to safeguard your rights and ensure a fair and just legal process. Be it drug crime, robbery crime or financial fraud or murder or duplicate documents crime or white collar crime or cyber crime or bank account fraud, Advocate Paresh M Modi as an experienced lawyer provides legal advice to the accused to get bail from Sessions Court or District Court or Gujarat High Court.

Family Law | Advocate Paresh M Modi | Best Lawyer for Family Matters in Ahmedabad

Family matters require a compassionate approach. Our Family Law Advocates in Ahmedabad specialize in family law, addressing issues such as divorce, child custody, and spousal support with sensitivity and expertise.

Property Disputes |Advocate Paresh M Modi | Property Lawyer in Ahmedabad Gujarat

Property disputes can be complex, but our Property Law Advocates in Ahmedabad are well-equipped to handle them. We provide legal assistance in resolving disputes related to ownership, boundaries, and other property matters.

Why Choose Advocate Paresh M Modi

Years of Legal Expertise

Led by Advocate Paresh M Modi, our team brings years of legal experience to the table. We have a proven track record of success in handling a variety of legal matters.

Client-Centric Approach

At our firm, clients are our priority. We adopt a client-centric approach, ensuring that your needs are understood, and we work diligently to achieve the best possible outcomes for you.

Successful Case Record

Our success is measured by the success of our clients. Advocate Paresh M Modi has a successful case record, demonstrating our commitment to achieving favorable results for those we represent.

Meet Our Legal Experts

Advocate Paresh M Modi’s Profile

Advocate Paresh M Modi is a distinguished legal professional known for his expertise and commitment to client satisfaction. His leadership sets the standard for our entire legal team.

Supporting Legal Team

Our team of skilled legal professionals complements Advocate Paresh M Modi’s expertise. Together, we form a cohesive unit dedicated to providing top-notch legal services in Ahmedabad.

Specialized Legal Areas in Ahmedabad, Gujarat

Corporate Law

For businesses seeking legal guidance, our advocates specialize in corporate law, offering comprehensive services such as contract review, business formation, and regulatory compliance.

Real Estate

Navigating real estate transactions and disputes requires specialized knowledge. Our advocates in Ahmedabad are well-versed in real estate law, providing expert assistance to individuals and businesses.

Personal Injury

If you’ve been injured due to negligence, our advocates can help you pursue the compensation you deserve. We advocate for your rights and work to secure a fair resolution for your personal injury case.

What Our Clients Say

Success Stories

Explore success stories from clients who have benefited from our legal expertise. These testimonials highlight our dedication to achieving positive outcomes for those we represent.

Client Satisfaction

Client satisfaction is our ultimate goal. Hear directly from those who have experienced our personalized and effective legal representation.

Answers to Your Queries

Common Legal Questions

Explore answers to common legal questions that clients often have. Knowledge is empowering, and we aim to provide clarity on legal matters.

Consultation Process

Learn about our consultation process, ensuring that you are well-prepared and informed for your initial meeting with Advocate Paresh M Modi.

Transparent Fee Structures

Fee Breakdown

We believe in transparency when it comes to legal fees. Our fee breakdown provides a clear understanding of the costs associated with our legal services.

Flexible Payment Options

To accommodate our clients, we offer flexible payment options. Discuss your financial preferences with us, and we’ll work to find a solution that suits your needs.

Begin Your Legal Journey with Us

Schedule a Consultation

Ready to get started? Schedule a consultation with Advocate Paresh M Modi to begin your legal journey. We look forward to assisting you with professionalism, dedication, and legal expertise in Ahmedabad.

Here are the top 31 frequently asked questions (FAQs) with answers regarding finding a top advocate in Ahmedabad, specifically tailored for Advocate Paresh M Modi, who handles bank account unfreeze cases, criminal cases, family law matters, mutual divorce, cheque bounce cases, property title, property disputes, will/vasiyat writing, agreement and sale deed, bail matters, civil suits, DRT cases, and various types of criminal law cases:

General Questions:

  1. Who is Advocate Paresh M Modi?

– Advocate Paresh M Modi is a prominent lawyer in Ahmedabad, specializing in criminal cases, bank account unfreezes cases, family law matters, property disputes, and various civil and criminal legal issues.

  1. What are the areas of expertise of Advocate Paresh M Modi?

– His areas of expertise include criminal law, bank account unfreezes cases, family law, mutual divorce, cheque bounce cases, property title disputes, will / Vasiyat writing, agreement and sale deed, bail matters, civil suits, and DRT cases.

Bank Account Unfreeze Cases

  1. How can Advocate Paresh M Modi help with unfreezing a bank account?

– He can file the necessary legal petitions, represent you in court, and communicate with the Cyber Cell Police to resolve the issues leading to the account freeze.

  1. What documents are needed to unfreeze a bank account?

– You will need identification documents, bank statements, transaction records, and any correspondence from the Cyber Cell Police.

  1. How long does it take to unfreeze a bank account?

– The time frame can vary but typically ranges from a few weeks to several months, depending on the case’s complexity.

Criminal Cases

  1. What types of criminal cases does Advocate Paresh M Modi handle?

– He handles theft, fraud, assault, drug offenses, cybercrimes, and more.

  1. What should I do if I am arrested?

– Stay calm, ask for a lawyer immediately, and avoid answering questions without your lawyer present.

  1. What is the role of a criminal lawyer like Advocate Paresh M Modi?

– To defend individuals or entities charged with criminal activities, ensuring their legal rights are protected, and representing them in court.

Family Law Matters and Mutual Divorce

  1. How can Advocate Paresh M Modi assist with mutual divorce?

– He can help draft and file the necessary legal documents, represent you in court, and facilitate negotiations between parties.

  1. What is the process for mutual divorce in Ahmedabad?

– It involves filing a joint petition, attending counseling sessions, and obtaining a decree from the court after meeting the mandatory separation period.

Cheque Bounce Cases

  1. How does Advocate Paresh M Modi handle cheque bounce cases?

– He can file complaints under the Negotiable Instruments Act, represent you in court, and negotiate settlements if applicable.

  1. What are the penalties for cheque bounce cases?

– Penalties can include fines, imprisonment, or both, depending on the severity and specifics of the case.

Property Title and Property Disputes

  1. What services does Advocate Paresh M Modi offer for property disputes?

– He provides legal advice, drafts legal documents, represents clients in court, and negotiates settlements.

  1. How can I resolve a property title dispute?

– Gather all relevant documents, consult with Advocate Paresh M Modi, and file a case in the appropriate court if necessary.

Will/Vasiyat Writing and Agreement/Sale Deed

  1. What is the process for writing a will/vasiyat?

– Advocate Paresh M Modi can help draft the will, ensure it meets legal requirements, and assist with registration if needed.

  1. How can Advocate Paresh M Modi assist with agreement and sale deed preparation?

– He can draft, review, and finalize agreements and sale deeds, ensuring all legal aspects are covered.

Bail Matters

  1. What is the process for obtaining bail?

– Advocate Paresh M Modi can file a bail application, represent you in court, and argue for your release based on the case specifics.

  1. What are the types of bail available?

– Types of bail include regular bail, interim bail, and anticipatory bail.

Civil Suits

  1. What types of civil suits does Advocate Paresh M Modi handle?

– He handles disputes related to contracts, property, family matters, recovery of money, and more.

  1. How can I file a civil suit?

– Consult with Advocate Paresh M Modi, who will help draft the plaint, gather evidence, and file the case in the appropriate court.

DRT Cases

  1. What are DRT cases?

– Debt Recovery Tribunal (DRT) cases involve the recovery of debts by banks and financial institutions from defaulters.

  1. How can Advocate Paresh M Modi assist with DRT cases?

– He can represent you before the DRT, file necessary petitions, and negotiate with creditors.

Various Types of Criminal Laws Cases

  1. What are the different types of criminal laws in India?

– Criminal laws include the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and various special and local laws.

  1. How can Advocate Paresh M Modi help with cybercrime cases?

– He can provide legal advice, file complaints, and represent clients in court for offenses such as hacking, identity theft, and online fraud.

General Legal Queries

  1. How can I contact Advocate Paresh M Modi?

– You can contact him via his office in Ahmedabad, Gujarat, or through his official contact number and email.

  1. What are the fees for hiring Advocate Paresh M Modi?

– Fees vary based on the complexity and type of case. It is best to discuss the fee structure directly with him.

  1. What should I look for in a top advocate in Ahmedabad?

– Look for experience, expertise in relevant legal areas, client reviews, and a proven track record of successful cases.

  1. Why should I choose Advocate Paresh M Modi over other lawyers?

– Advocate Paresh M Modi has extensive experience, a strong track record, and a reputation for effectively handling complex legal matters.

  1. Can Advocate Paresh M Modi represent me in all courts in Gujarat?

– Yes, he can represent clients in Judicial Magistrate Court, Sessions Court, District Court, and High Court in Gujarat.

  1. What is the process of hiring Advocate Paresh M Modi?

– Schedule a consultation, discuss your case, agree on the terms of representation, and provide the necessary documents and information.

  1. Who is the Best Advocate in Ahmedabad?

Advocate Paresh M Modi is the Best Advocate in Ahmedabad

These FAQs provide a comprehensive overview of the services and expertise of Advocate Paresh M Modi, catering to various legal needs in Ahmedabad.

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

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.

Special Acts:

  • FEMA (Foreign Exchange Management Act, 1999): Directorate of Enforcement (ED)

  • ED (Enforcement Directorate): Directorate of Enforcement (ED)

  • CBI (Central Bureau of Investigation): Central Bureau of Investigation (CBI)

  • EOW (Economic Offences Wing): State Police Economic Offences Wing

  • POCSO (Protection of Children from Sexual Offences Act, 2012): State Police

  • PMLA (Prevention of Money Laundering Act, 2002): Directorate of Enforcement (ED)

  • SEBI (Securities and Exchange Board of India): SEBI

  • NDPS (Narcotic Drugs and Psychotropic Substances Act, 1985): Narcotics Control Bureau (NCB)

  • DRI (Directorate of Revenue Intelligence): Directorate of Revenue Intelligence (DRI)

Additional Special Acts and Investigating Agencies:

  • IPC (Indian Penal Code): State Police

  • CrPC (Code of Criminal Procedure): State Police

  • IT Act (Information Technology Act, 2000): Cyber Crime Cell of State Police

  • NIA (National Investigation Agency): National Investigation Agency (NIA)

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 Cases

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 Call or WhatsApp sms on Mo. 9925002031.

Categories Cheque Bounce Lawyer

Cheque Bounce Judgement

Judgement:

Anil Sachar v. Shree Nath Spinners Private Limited, 2012 (1) SCC (Cri) 799: 2011 (13) SCC 148: 2011 (3) Bank Cas 508: 2011 (8) JT 586: 2011 (3) Crimes 142: AIR 2011 SC 2751 :2011 Cri LJ 4611.

Negotiable Instruments Act, 1881- Section 139-Legal Liability of drawer of cheque-Presumtion under Section 139 has not been rebutted, trial Court Wrongly acquitted accused-Viewed that there was no consideration for which cheques were given to complainant-Court confirmed incorrect view, order set aside.

વટાઉખત અધિનિયમ 1881- કલમ 139- ચેક કાઢી આપનારની કાનુની જવાબદારી- કલમ 139 હેઠળના અનુમાનને ખોટું ઠરાવાયું નથી-ટ્રાયલ કોર્ટે આરોપીને ખોટી રીતે છોડી મુકયો-એવો મત કે ફરિયાદીને ચેકો અપાયા જે માટે કોઇ અવેજ ન હતો-અદાલતે ખોટા અભિપ્રાયને કે મતને કાયમ કર્યો-આદેશ રદ કરવામાં આવ્યો.

Anil Sachar v. Shree Nath Spinners Private Limited, 2012 (1) SCC (Cri) 799: 2011 (13) SCC 148: 2011 (3) Bank Cas 508: 2011 (8) JT 586: 2011 (3) Crimes 142: AIR 2011 SC 2751 :2011 Cri LJ 4611.

Negotiable Instruments Act, 1881-Section 139-Liability or “debt”- Ex-pressions “give” ruising of doubt, liability under Section 138 cannot be avoided if cheque returns unpaid-High Court get carried away by issue of guarantee and guarantor’s liablity has overlooked true intent of section 138.

વટાઉખત અધિનિયમ 1881-કલમ 139- “જવાબદારી” અથવા “દેવું”- શબ્દપ્રયોગ શંકા પેદા કરે છે જો ચેક સ્વીકારાયા વિના પરત ફરે તો કલમ ૧૩૮ હેઠળ જવાબદારી ટાળી શકાશે નહિ-ગેંરટી આપવાથી હાઇકોર્ટ સંતોષાઇ ગઇ અને ખાત્રી આપનારની જવાબદારીને ધ્યાનમાં લીધી નથી-કલમ 138 નો ખરો ઇરાદો ધ્યાનમાં લીધો નથી.

Anil Sachar v. Shree Nath Spinners Private Limited, 2012 (1) SCC (Cri) 799: 2011 (13) SCC 148: 2011 (3) Bank Cas 508: 2011 (8) JT 586: 2011 (3) Crimes 142: AIR 2011 SC 2751 :2011 Cri LJ 4611.

Negotiable Instruments Act, 1881-Section 139- Legal liability of drawer-Limited company is a separate legal entity and its directors are different legal persons under Section 139 one can safely conclude that cheques signed had been given to company in discharge of debt or liability incurred by company.

વટાઉખત અધિનિયમ 1881-કલમ-139-ચેક કાઢી આપનારની કાનુની જવાબદારી-લિમિટેડ કંપની એ એક અલગ કાનુની વ્યકિતત્વ અને એના ડિરેકટરો કલમ 139 હેઠળ અલગ કાનુની વ્યકિતઓ છે- આથી એમ સલામત રીતે નિષ્કર્ષ કાઢી શકાય કે સહી કરેલો ચેક કંપનીને એના દેણા કે એણે સ્વીકારેલી જવાબદારી પ્રત્યે અપાયો હતો.

Anil Sachar v. Shree Nath Spinners Private Limited, 2012 (1) SCC (Cri) 799: 2011 (13) SCC 148: 2011 (3) Bank Cas 508: 2011 (8) JT 586: 2011 (3) Crimes 142: AIR 2011 SC 2751 :2011 Cri LJ 4611.

Negotiable Instruments Act, 1881- S. 139-The standard of proof in discharge of burden in terms of S. 139, being of preponderance of probability, the inference, therefore, can be drawn not only from the materials brought on record but also from the reference to circumstances upon which the accused relied upon-Burden of proof on the accused is not as high as that of the prosecution.

વટાઉખત અધિનિયમ 1881- કલમ 139- કલમ 139 ના શબ્દોમાં, બોજાની મુકિતમાં પુરાવાનું ધોરણ, શકયતાની પ્રબળતા હોવાથી રેકર્ડ પર લાવવામાં આવેલ સામગ્રી પરથી જ નહિ, પરંતુ જે સંજોગો પર આરોપીએ આધાર રાખ્યો તે સંજોગોના નિર્દેશ પરથી પણ અનુમાન કરી શકાય છે-આરોપી પર પુરવાનો બોજો ફરીયાદીના જેટલો વધારે નથી.

Advocate Paresh M Modi is a highly regarded advocate based in Ahmedabad, known for his expertise in criminal law. As a distinguished lawyer at the Gujarat High Court, he specializes in a wide range of legal matters, making him a sought-after professional in various areas of law. Some of his notable specializations include handling cases related to cheque bounce, property disputes, cybercrime, court marriages, divorces, debt recovery tribunals (DRT), FIR quashing, land revenue disputes, anticipatory bail, PASA (Prevention of Anti-Social Activities Act), family law, civil law, and more. Advocate Paresh M Modi is a highly skilled lawyer practicing at the Gujarat High Court Lawyer in Ahmedabad. With his extensive experience and expertise, He has established himself as a renowned advocate in the region. Stay connected with him on social media for updates:

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Follow Advocate Paresh M Modi, the esteemed lawyer, for valuable insights, legal analysis, and engaging discussions. Stay informed about the law and legal developments through his informative content. In the meantime, check out other Information from Home Page, or call us at Landline No: +91-79-48001468 or Phone & WhatsApp No: +91 99250 02031.

Categories Cheque Bounce Lawyer

Section 138 Dishonour of cheque for insufficiency of funds in the account

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for 19 [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless—

(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.]

138. खाते में धनराशि की अपर्याप्तता, आदि के लिए चेक का अनादर -जहां किसी व्यक्ति द्वारा किसी बैंकर के पास रखे गए खाते पर किसी अन्य व्यक्ति को किसी अन्य व्यक्ति को किसी भी ऋण या अन्य दायित्व के पूर्ण या आंशिक रूप से निर्वहन के लिए भुगतान करने के लिए चेक किया गया चेक है, बैंक द्वारा अवैतनिक लौटाया गया, या तो उस खाते में जमा राशि के कारण चेक का सम्मान करने के लिए अपर्याप्त है या यह उस बैंक के साथ किए गए समझौते द्वारा उस खाते से भुगतान की जाने वाली राशि से अधिक है, ऐसा व्यक्ति करेगा अपराध किया हुआ माना जाएगा और इस अधिनियम के किन्हीं अन्य प्रावधानों पर प्रतिकूल प्रभाव डाले बिना, के कारावास से दंडित किया जाएगा [एक अवधि जिसे दो वर्ष तक बढ़ाया जा सकता है, या जुर्माने के साथ जो चेक की राशि से दोगुना हो सकता है, या दोनों के साथ) बशर्ते कि इस धारा में निहित कुछ भी तब तक लागू नहीं होगा जब तक कि-

(ए) चेक बैंक को उस तारीख से छह महीने(अब तीन महीने)की अवधि के भीतर प्रस्तुत किया गया है जिस पर इसे जारी गया है या इसकी वैधता की अवधि के भीतर, जो भी पहले हो;
(बी) भुगतानकर्ता या धारक चेक के उचित समय में जैसा भी मामला हो, चेक के आहर्ता को लिखित रूप में नोटिस देकर उक्त राशि के भुगतान की मांग करता है, उसके भीतर बैंक से उसके द्वारा भुगतान न किए गए चेक की वापसी के संबंध में सूचना की प्राप्ति के तीस दिन; तथा
सी) ऐसे चेक का आहर्ता उक्त नोटिस की प्राप्ति के पन्द्रह दिनों के भीतर, भुगतानकर्ता या धारक को, जैसा भी मामला हो, चेक के नियत समय में उक्त राशि का भुगतान करने में विफल रहता है।
स्पष्टीकरण.- इस धारा के प्रयोजनों के लिए, “ऋण या अन्य दायित्व” का अर्थ कानूनी रूप से प्रवर्तनीय ऋण या अन्य दायित्व है।

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