Legal Services In India
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About Legal Services In India
When a person decides to take legal action, one of the first steps involved, is sending an official communication to warn the offender of his/her intentions when a specified condition was not complied upon as agreed, when the contract was signed between both the parties. For instance, a legal notice can be issued to a tenant for not paying the rent as per the agreed terms and conditions before moving into the property of the owner’s house. Therefore, this gives the landlord the right to send a legal notice to the renter with the immediate effect of paying the dues before the specified date or vacate immediately.
- Legitimate rights to the property are denied.
- A bounced cheque.
- Personal disputes i.e divorce, maintenance and custody of children.
- To execute a specific performance of the contract.
- If the intellectual property of the rightful owner has been infringed.
- When employees of any organization are subject to sexual harassment, cruelty and other violation of labor laws.
- Unlawful termination from employment.
- Payment dispute between the company and its employees or laborers.
- Breach of contract by the signatory.
The Contents of A Legal Notice
- The legal notice contains the basic averment of the affected party.
- The aggrieved party will make his allegation on the person addressed or receiver.
- The aggrieved party will state his solution to the dispute.
- It contains the claim of the aggrieved party to remedy the current issue.
- It will enumerate the civil and penal consequences if the rights and claims of the aggrieved party were not fulfilled.
- Warning: A legal notice ensures that the offender is made aware of his/her duties to be performed, and the consequences of non-compliance.
- Caveat: The wrongdoer is informed about the potential litigation and opportunity to rectify his/her error
- Resolution of Dispute: Both parties shall resolve their dispute by negotiating between themselves.
- Amicable Settlement: The process of litigation is time-consuming in lieu of which direct settlement makes things quicker and easier.
A cheque bounces when a bank doesn’t honour a payment. A few of the reason are wrong signature, mismatch of figures written on the cheque (in words and figures) and overwriting. These issues are minor and can be solved without the court’s intervention, A major cause for concern is when a cheque bounces due to lack of funds in the drawer’s account.
A cheque bounce is governed by the Section 138 of the Negotiable instruments Act, 1881.
If you have received a cheque that has bounced, you have two options. You can send the person a notice and then if there is no response after 15 days, you can send them a legal notice, by filing a complaint in court.
What is the procedure for Cheque Bounce Case?
The first step in to send a Demand Notice to the person who has issued you a bounced cheque. The notice should contain information about the dishonoured cheque. Details such as the date on which the cheque was issued and a copy of the dishonoured memo should be mentioned in the notice.
Once the person receives the notice, he or she has until 15 days to make a payment to you. If they fail to do so, you can lodge a complaint with the court in the prescribed format.
What is the penalty for Cheque Bounce Case?
According to the Negotiable Instruments Act, 1881, under section 138, issuing a bounced cheque is a criminal offence. So, if a complaint is filed in a court, a person can go to jail or might have to pay a hefty fine.
The fine can be up to two times the amount that had to be paid. In case the court decides on a jail time, it is generally for a period of one term, but it can be extended to two years.
In some cases, the court might grant both punishments, this is usually if the court finds the case to be that of heinous crime. Sometimes the court may grant additional time for the payment of dues.
Documents should you submit in a cheque bounce case
While filing a complaint against a party in a cheque bounce case, you need to submit an application form along with the following documents:
- A copy of the Demand Notice along with the acknowledgement of the receiver.
- The original cheque that has bounced.
- A memo, the communication from the bank to state that the cheque dishonoured and the reasons for it.
Collecting bad debts and outstanding receivables, or dealing with bounced cheques can cause distress. To help you recover your debt, Vakilsearch has a team of experienced debt collection attorneys and financial professionals who can provide tailor-made solutions to recover what is rightfully yours.
The procedure for money recovery
- The first step in the process of money recovery will be to a send a legal notice to the defaulter.
- If you still don’t receive the payment, you can go for one of these options; Summary Suits, Negotiable Instruments Act, Criminal case or Insolvency and Bankruptcy Code.
- Our expert lawyers will guide you through the process to help you decide the best option.
What are the different means to recover your money?
Send A Legal Notice
You can send a legal notice to the defaulter. Once the person receives the notice, he or she has until 15 days to make the payment to you. If they fail to do so, a complaint can be registered with the court in the prescribed format or file an FIR.
The best and quickest way to recover money and end court proceeding will be Order 37 of the Civil Procedure Code. With the summary suits, both the parties can avoid trial hearing, as the proceedings will be based on written statements. This will drastically reduce the time taken from filing to judgment.
Negotiable Instruments Act
Under negotiable instrument act, there are provisions to recover debt or money for instruments likes Cheques, Bills of Exchange, etc. For example, if your cheque got bounced, you have 30 days of the receipt of information by you from the bank to send a legal notice to the drawer of the cheque. So if the drawer fails to make the payment, within 15 days of the receipt of the notice, you can make a complaint in the court within 30 days.
We can help file a criminal case against the defaulter for recovering the debt under the Indian Penal Code, 1860. You can either record an instance of criminal breach of trust or cheating and dishonest misappropriation.
Insolvency And Bankruptcy Code
A case for insolvency for debt collection will be submitted to the adjudicating authority (NCLT in case of corporate debtors). The plea should be either accepted or rejected in 14 days. For the completion of the insolvency resolution process, a maximum time limit has been set for individuals and corporates.
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