Dishonor of Cheque - All you need to know.

Section 138 of the Negotiable Instruments Act, 1881 deals with such cases. 

A cheque is an instrument given by the account holder to a specific person, directing the bank to make payment of a specified amount to the payee(in whose favor cheque is been drawn). However, cases of dishonor of cheque are very prevalent these days. Dishonor of Cheque is a situation in which the bank refuses to pay the amount of cheque to the payee because of a lack of amount in the bank account of the drawer (The person who has a bank account and draws/write a cheque is the Drawer). 

PROCESS 

Metropolitan Magistrate or Judicial Magistrate of the first class. A complaint can only be filed in the following cases when-

·  The cheque shall be presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier.

·  The payee or the holder in the appropriate time limit shall make a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

·  If the drawer fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Then a complaint can be proceded in the court of law.

·  Such complaint shall be filed within one month from the date when the cause of action arises that is after the passing of 15 days of giving notice as mentioned above.

·  After the passing of 15 days, a complaint can be filed in the court of law.

PUNISHMENT

In civil - Payee may initiate a recovery procedure in the court of law, apart from the criminal proceeding.

In criminal - In the Negotiable Instruments Act, 1881 if any person is deemed to have committed an offense under Section 138 then he/she will be punished with imprisonment for a term that can extend up to 2 years or with fine which can be twice the amount of the cheque or both.

FOR ANY FURTHER ASSISTANCE, REGARDING THE DISHONOR OF CHEQUE, YOU MAY CONTACT US.

Marriage Registration – Get your Registration in a Day

Marriage Registration Certificate is legal proof that two people are married. In the year 2006, the Supreme Court made it compulsory to register every marriage, to safeguard the women’s from malpractices against them.

Tatkal Marriage, Delhi the government introduced a 'tatkal' service ensures authorization of the marriage in a single day, under which the registration process will be undertaken on the basis of priority.

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·         Benefits of Marriage Certificate - suppose you are applying for a passport or applying to open a bank account after the occurrence of your wedding, and then the Marriage Certificate shall be required.

·         Helps in availing visas.

·         The embassies in India as well as in countries outside India do not recognize traditional marriages, the Registered Marriage Certificate is mandatory for the partners to travel abroad.

PROCEDURE TO APPLY

For Marriage Registration under Hindu Act: 

• You may apply at the office of the Sub-Divisional Magistrate in whose jurisdiction any of the partners currently resides. 
• Filing of the application form duly signed by both parties. 
• Verification of all the documents is carried out on the date of application thereafter, a day is fixed for the appointment and communication is made to the parties for registration. 
• On the day of the appointment, both the parties shall be present before the appropriate authority.
• After completion of the formalities, the certificate is issued on the same day.

Documents Required 

• Completely filled application form signed by both the parties. In addition to that Address, proof shall be provided for both the parties.
• 2 passports sized photographs of both the parties.

• One photograph for the proof of marriage. Separate Marriage Affidavits in the prescribed format from Husband & Wife. All documents must be self-attested. 

• Fill in the Marriage Certificate form and choose the date of appointment.
•  You will be allotted a temporary number that will be found printed on the acknowledgment slip and application form is done. 
• Take a printout of acknowledgment slip. 
• Appointment In the case of the Hindu Marriage Act, you will get an appointment within 15 days in the process of online registration, but in the case of the Special Marriage Act, it may take up to 60 days. 
• Any person as a witness, who has attended the wedding of the couple, and must have valid documents.

Hurry up. Connect with us and get your marriage registered in a day.