How to defend a 138 Negotiable Instruments Case?

There has been a default on payment on my end for the Home loan. The company has filed 138 NI case. I need assistance regarding the same. I live in Pune, the case is filed in Gurgaon court.

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

Legistify provides you with lawyers pan-India to help you defend any case from anywhere in the country. You must hire the top Cheque Bounce lawyers in Gurgaon to help you defend the case.

Cheque Bounce case under Section 138 can only be initiated in the following circumstance:

  • Where the cheque has been drawn by the drawer on an account that is maintained by him/her
  • Where the cheque has bounced or has been dishonoured due to lack of sufficient funds in the account of the drawer
  • Where the cheque has been drawn for the discharge of a legal debt or liability

Further, if the cheque has bounced, a legal notice has to be necessarily sent giving the drawer reasonable time to make the payment that was to be made by the dishonoured cheque. If any of these conditions have not been satisfied, a good Cheque Bounce lawyer in Gurgaon can easily help you in resolving your issue as the case is not maintainable.

If the conditions are indeed fulfilled, you may have to pay a fine amounting up to twice the amount as was to be paid vide the issued cheque or even be imprisoned for a period up to 2 years. Hiring the best Cheque Bounce lawyers in Gurgaon would be your best bet to help you resolve the case.

If you are in need of any legal help, contact us at 011-331-38-123  or visit our website to talk to expert lawyers to resolve your legal issues.

Answered on 28 Sep 2018


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