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In situations of cheque bounce the assistance from lawyers can help you resolve legal intricacies and ensure due protection of your rights in cheque bounce issues. Let’s understand what a lawyer can do here:
Sections of the Act Relevant to Cheque Bounce Cases: Lawyers Discuss Legal Points in These Scenarios There are numerous sections under The Negotiable Instruments Act, 1881 that govern cheque bounce cases within India and only those with legal expertise shall be able to demarcate these.
Case Discovery: They will help you discover the best and worst part of your case; they also give strategic advice (cost effective).
Demand Notice: A lawyer can draft and send a legal demand notice to the drawer of cheque mentioning that the amount is payable or will be prosecuted as an offense in accordance with Section 138 of Negotiable Instruments Act if payment not made within 15 days.
Compliance Check they make sure the notification is legally compliant and delivered properly.
Filing of Complaint: – If the drawer has not paid after receiving demand notice then lawyer can file criminal complaint under appropriate section/s applying in concerned court.
Court Presentation—They serve as your voice in court by presenting evidence and an argument that supports the legitimacy of your case.
In the next step called Document Collection, lawyers help you collect and arrange for all evidences like bounced cheque, bank statements & correspondence done throughout the case.
Witnesses: Witnesses can help identify and prepare the witnesses that will give you more evidence to support your claim.
Court Appearances: your lawyer will appear on the court, attend all legal proceedings and protect you whenever those moments call for representation.
Dealings: They can bargain with the individual or their lawyer for a settlement, if that would serve your great advantage.
Civil Remedies: Lawyers can advise you on how to enforce civil remedies, including filing a money recovery claim.
Criminal Proceedings: They will help you with criminal proceedings in case the matter is subjudiced under Section 138 of Negotiable Instruments Act.
Defending Against Defences: If the defendant comes up with defences such as that the cheque was issued in security or says there is a dispute to transaction, lawyer can successfully contest these arguments.
Solving Problems: They solve all legal problems that may arise during the case, including jurisdiction challenges or procedural lapses.
Appealing: If the case does land on your desk, lawyers are available to give you advice and appeal it before a higher court if necessary.
Revisions: Similarly, they can help in filing for revisions or reviews of the case if there is a reason where it could be reconcentrated by a surge authority.
Compliance with Procedure: Lawyers ensure that all necessary procedures for filing complaints timely and heeding court orders are observed.
Post-Judgment Actions: They also guide and execute actions to enforce a judgment, i.e. seizing assets or install claims use Referring referrer blogulative proceedings
How Lawchef will help you In Cheque Bounce Cases?
In cheque bounce cases, a lawyer does the job of advising you legally about your rights and duties related to the executed cheques; drafting notice as well send it; filing complaints in court against drawer/issuer when pre-litigation settlement fails; fighting for what is correct or true according to law by citing evidence available on date of hearing scheduled before courts along with negotiation settlements out-of-court depending upon facts/circumstances applicable and counsel defences. Also appeals/revisions can be taken care off by competent legal brains during higher-ups level stages from decree/judgment pronounced ex-parte again stipulated person showing negligence/concealment contradictory situations also tampered evidences disproportional inconsistent prejudiced to justify wrong stance stuck. Lawchef lawyer’s cheque bounce experts will make sure that your case is processed in a fast, effective way and maximize the chance of success.
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