Cheque bounce case
Querist :
Anonymous
(Querist) 19 January 2012
This query is : Resolved
A person gave me cheque but it was bounce because of not sufficient balance in his account. The advocate hold my case had put it Civil Suit. So please I want to know all processor and time period and total fees.
Thanks
Rajesh
V R SHROFF
(Expert) 19 January 2012
Rajesh,
You should have issued notice u/s 138 re bounce chq, and file clmplaint u/s 138 ni act,
Apar from civil, u shouldc file 138 case too
Cost in civil, depend on amont, so cannot tell,
1L criminal chq 138 case: Rs. 2000/- ct fee
1L civil suit Rs. 6430/- ct fee
Adv fees + exp are negotiable c type of advocates. Senior Adv cost more.
Raj Kumar Makkad
(Expert) 19 January 2012
As the case has already been filed, no criminal case can be filed now. it is better to proceed now the filed case so that it may reach to its final fate.
ajay sethi
(Expert) 19 January 2012
if your advocate has filed summary suit then after service of summons defndant has to file his appearance within period of 10 days .
if he files his appearnce then your lawyer will take out summons for judgement .
summons of judgement after replies are filed by defendant will be heard and court will pass an order allowiinfg defendant to defend the suit or deposit money in court .
summons for judgement are disposed of in bombay in 2 years time . . final hearing of suit takes time .
fees have been mentioned by MR shroff already
Guest
(Expert) 19 January 2012
just issue a legal notice to the said party, w8 around a week if the problem get solved then its ok otherwise, file a suit u/s 138 of NI Act.
for more help, feel free to call/ contact me asap to proceed further.
Manoj Kumar,
Advocate,
Delhi.
Ph: 09310443650
advocates.agra@gmail.com
Advocate. Arunagiri
(Expert) 20 January 2012
You have already engaged an advocate, it seems he had filed a civil suit.
Under the circumstances, your query for fees and process is not useful.
Deepak Nair
(Expert) 20 January 2012
You cannot file a criminal case under section 138.
You are rightly advised regardign the court fees.
But, the fees of advocate is not included. That depends on the advocate.
girish shringi
(Expert) 20 January 2012
Short and to the point Deepak Nair.
M/s. Y-not legal services
(Expert) 20 January 2012
your query need full particulars..
* deepak, how can you say that he can not file case u/s.138 of n.i act?
* suit for recovery of money., but 138 n.i act case for punish the accused.. its both are entirely differ..
-tom-
prabhakar singh
(Expert) 20 January 2012
You have both rights,the civil as well as criminal.Only your advocate can tell you all in better way .
Shonee Kapoor
(Expert) 31 January 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
