Lawyer for Cheque Dishonour Cases in Tis Hazari Court Delhi.
What does Section 138 of the NI Act mean?
Section 138 of the Negotiable Instruments Act, of 1881 (NI Act) is very important. This helps to file a case where the cheque is dishonoured. Checks were made more trustworthy by adding this rule, which makes them a valid way to pay. This legal option has been very useful for businesses, traders, and people over the years. Advocates are very important in Section 138 cases because they help both the people who are complaining and the people who are being charged.
What does Section 138 of the NI Act mean?
Section 138 talks about checks that are returned for any reason, like not having enough money in the account, and the writer is still responsible. This legal rule makes the dishonour of checks a criminal offence, ensuring that a check issuer cannot evade payment without consequence.
Section 138’s goals for protecting creditors’ interests are:
To protect the client legally so they can get their money back.
Confidence in Cheques: Strengthens trust in cheques as a tool of payment.
Prevention of Dishonesty: Acts as a barrier against fraudulent financial practices.
Essentials of Section 138
For Section 138 to be valid, certain preconditions must be satisfied. Existence of a Legally Enforceable Debt or Liability. The cheque must be given in the discharge of an existing liability or debt.
Dishonoring the check is a crime. The check must have been returned by the bank due to: Insufficient cash in the account. The account is either closed or inoperative. Check Presented Within Validity Period is also a problem. A cheque must be presented to the bank within its validity period, usually 3 months from the date on the cheque.
Issuance of a court notice is another aspect. The payee must send a written notice to the drawer within 30 days of getting the dishonoured check from the bank. The letter must demand payment within 15 days. If the payee fails to pay after court notice then it causes the issue. If the drawer fails to make the payment within the stated time frame, the payee can file a complaint under Section 138.
Procedure for Filing a Complaint Under Section 138
The legal process for initiating action under Section 138 involves:
Step 1: Cheque Dishonor
The payee gives the cheque to the bank, which gets dishonoured due to insufficient funds or other reasons.
Step 2: Legal Notice to the Drawer
A formal legal notice is given to the drawer demanding payment within 15 days.
Step 3: File the case
If the payment is not done then the payee can make a complaint in the Magistrate Court. The time includes within 30 days of the expiry of the 15-day notice period.
Step 6: Trial and Arguments
Both sides (payee and accused) present their evidence and arguments to the court. The court will deliver the judgment, which may include: payment of the cheque amount with interest.
Negotiation and Settlement
Advocates help clients in out-of-court settlements. Both the parties agree to resolve the dispute amicably. If necessary for filing the case then advocates file appeals in higher courts against unfavourable judgments. While Section 138 is strict, the accused can defend themselves also. So there is the requirement of the Lawyer is important.
Why Choose Us
So section 138 of the NI Act is not a simple task to perform on the court. It is very important to have clear notice and knowledge about the case. We are the best lawyers in Delhi and we have an experienced team to handle the cases with care. Allow us to handle your case with care and we can assure you that you will not have any issues getting the right judgement.
