Adv. Jain Vishesh

Delhi, Delhi
2
Answers

Recent Public Answers

2 answered
Labour & Employment Is a resignation under pressure legally valid?
Any resignation obtained through coercion, undue influence, misrepresentation, or fraud is legally invalid. Your forced resignation is not legally binding. Suggestion - Document everything on the coercion taken place upon you for resignation
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Cheque Bounce What is the time limit to file a cheque bounce case?
You must file the complaint under Section 138 of the Negotiable Instruments Act within 30 days after the 15-day notice period ends, meaning you have 45 days from the notice date to initiate legal action. Here's the complete timeline you need to follow: **Critical Time Deadlines:** 1. **Legal Notice**: A written demand notice must be sent to the drawer within 30 days of receiving the cheque return memo. 2. **Payment Period**: The drawer has 15 days to clear the debt after receiving the notice. 3. **Filing the Complaint**: The complaint must be filed within 30 days from the expiry of the 15-day notice period. **Important Preconditions:** - The cheque is valid only for three months from the date written on its face. If you deposit it after this period, the bank will mark it as a "stale cheque" and you cannot file a case. **Key Warning:** If you fail to send the legal notice within 30 days of receiving the cheque return memo, you lose the right to file a criminal complaint under Section 138.
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