2. The parties could simply sign a cancellation agreement on the termination of the original agreement 1. In which court should I file the 138 N.I. Act claim if drawer has not paid after receiving the notice? An appeal procedure under §138 N.I. Act may be filed with any court of competent jurisdiction in which any of the following acts took place:(a) place of withdrawal of the cheque, (b) address of the bank to which the cheque was presented (bank address of the holder), (c) address of the bank to which the cheque is to be paid (bank address of drawers)(d) place of service from which the notification was received by cheque. It is possible that each of these four acts may have taken place in different locations. The complainant may choose one of the above-mentioned places to determine the jurisdiction of the court where he wishes to lodge an appeal. If the rental agreement clearly states that the ownership of the premises is done after the operation of the check and the check has not been cashed, the tenant can not claim the property if he is not put in possession, why would he go to court where there is a binding agreement to take legal action. The Supreme Court recently stated that, pursuant to amended Section 148 of the N.I. Act, the accused must file 20 per cent of the fine or compensation imposed by the Court of Justice to appeal the order in a bounce check case. The type of complaint, as described in the sections above, is that of a criminal complaint that could result in a sanction for the defaulting beneficiary with respect to the prison sentence, but often does not result in the recipient of the rejected cheque receiving their contributions.
Therefore, it would be desirable for the beneficiary to bring a separate civil action to recover the amount due to him. In the legal notice, mention that in case of non-payment of money, the agreement is null and void. The terms of the agreement are examined. In the meantime, you submit the scheck bounce case by following the procedure indicated below: you can inform him that the contract is terminated for this reason, if he wishes to continue the contract, have it made by transfer on the deposit amount after which you can take into account his request. Since he did not pay the advance under the agreement, that is, the cheque issued for this purpose was returned by the bank without respecting it, the contract is null and void. If you don`t report the issuer, he/she can only get away with a small fine paid to the bank for a rejected check. However, if you initiate civil or criminal proceedings against you, the NI Act of 1881. Section 138 of the Act states that any cheque rejected is punishable by law. And that can result in up to two years in prison, a refund of money, or both. The best way to keep your CIBIL score healthy is to make sure your checks will never be dishonored.
Also, after cashing the check, you have much more money than the minimum balance in your account. A frequent event in the business world, a bounced can have terrible consequences for the cartoonist if the drawer wants to file a complaint. In such cases, as soon as the cheque delivery memo is received, the recipient may re-deliver it within 30 days of the deposit. This serves to avoid criminal prosecution or any of the above-mentioned offences. All payments that are not made within the set period (usually 15 days) are considered criminal offences. And the beneficiary can take you to court to initiate criminal proceedings against the recipient of the check. The court gives 30 days to file complaints….