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Cheque bounce has been incorporated to give a serious status to financial transactions is among the most common financial frauds. Act.

Time frame Cheque Bounce

The legal notice must be sent through the registered post within 15 days of the cheque bounce and the receipt of the same must be kept by you for the purpose of evidence.

The legal notice must include all the facts of the case, such as the purpose of the cheque, nature of the deal, the amount on the cheque, date of depositing of cheque and date of dishonor of cheque, etc. It is compulsory to take the help of a competent cheque bounce lawyer for this reason.

Thereafter, the accused is given 15 days time from the date of service of notice to make the payment. If the person does not make the payment within the predetermined time, a complaint under section 138 can be filed against him in the court of law within 30 days after the expiry of the 15 days period after the service of notice.

Once the grievance has been accepted in the court, issues summons to the defaulter for appearance. In case the accused remains not present on the date of hearing, the court may issue warrants against him and the police can then take him into custody and present him in the court on the next date of hearing.
How Can a Lawyer Assist in Cheque Bounce

Cheque bounce, offences in India, is still a grave issue to deal with as it may involve potential jail time for the issuer. Thus, it is of utmost importance to have a lawyer by your side when filing a cheque bounce case.

An experienced cheque bounce lawyer can outline the legal notice and complaint on your behalf and can also get ready you for Pre summon evidence.

A cheque bounce Lawyers can direct you through your legal passage and can assist you know the procedure of the court . He can make sure that the possibilities of you receiving the preferred result in your cheque bounce case.

What Happens if Timely Steps is Not Taken in a Cheque Bounce Matter

A cheque bounce case is time-bound and the time period to take any action against the defaulter under the cheque bounce law and the Limitation Act is limited. There is other option for Recovery of Debt that you can file suit under Order 37, CPC, which. is called Summary Suits

Criminal Litigation

Indian Criminal Litigation & Lawyers

September 16, 2019September 16, 2019 legalmaxindia

Criminal law is that law which controls crimes. It is very important to understand the meaning of crime. The crime is an offence against state and in India it is governed by Indian Penal Code (IPC) 1860, Criminal Procedure Code (CrPC) 1973, and Evidence Act, 1872.

The ultimate aim of Criminal Law is protection of right to personal liberty against invasion by others, protection of weak against strong, law abiding against lawless, peace against violent. James Madison writes in his book The Federalist that”if men were angels no government would be necessary”. It is a primary function of government to protect the basic right to life and property. The state has to give protection against lawlessness, disorderly behavior, violent acts and fraudulent deeds of other. Liberty cannot exist without protection of basic rights of citizen by the government.

There was no criminal law in uncivilized society. Every man was liable to be attacked on his person or property at any time by anyone. The person attacked either succumbed or overpowered his opponent. “A tooth for a tooth, an eye for an eye, a life for a life” was the forerunner of criminal justice. As time advanced and gave birth to the archaic criminal law. For a long time the application of these principal remains with the parties themselves, but gradually this function came to be performed by the state.

In our civilized society we governed by the criminal laws which includes different-different acts and codes such as Indian Penal Code (IPC) 1860, Criminal Procedure Code (CrPC) 1973, and Evidence Act, 1872. In our system, it is a prosecution that establishes the allegation on accused. Our criminal law considers presumption of innocence in favor of accused. Every man presumed to be innocent until he proved guilt.

Our best criminal lawyer acting as a defense lawyer in criminal trial recognize a burden of proof and presumption of innocence as an effective tool to prove innocence of an individual who is accused in a criminal trial. The concept of burden of proof is one of the most important contributions of Roman law to the Criminal Law Jurisprudence. This principal is based on fairness, good sense and practical utility accepted in English Common Law.

In Criminal law, one golden thread is always being seen that it is duty of prosecution to prove the prisoner’s guilt. However, the cardinal law of Criminal Law Jurisprudence that the burden rests on prosecution of proving its case has been deviated in several statutes.

Under section 105 to 114-A of Indian Evidence Act, burden of proof is shifted to accused. While the concept of “presumption of innocence” maintains its pivotal position in the Criminal Jurisprudence, there is steady shifting of burden of proof to tackle new problems such as growing social economic problem, emerge of new and graver crime, terrorism, organized crime, poor rate of conviction, practical difficulties in securing the evidence, etc.

Over the years all the branches of law have grown enormously. The laws have multiplied, judicial principal have grown and lot of literature and information for study in each of these branches. It is not easy for every judge to be able to muster all the branches. That is why in the legal professions many leading lawyers specialize in one field of law or other. There are lawyers who are specialized in Labour law, Administrative law, Divorce Law, Civil laws, Corporate laws, Companies law or Constitutional laws, etc. There is therefore, growing need for lawyer to specialize in these emerging of law.

Criminal law has a special feature and is different from Civil law in many aspects. Best criminal lawyer who is specialized in Criminal law will take less time compare to a lawyer who is not expertise in Criminal law. Specialization contributes to better quality of decisions, consistency and certainty. Speedy and quality justice is being the need of hour and is desirable to assign the criminal cases to specialist criminal lawyer.

Author is Advocate at Supreme court

Shakti Narayanan

Founder legalmax india.

Uncategorized

Child Custody Cases After The Divorce Between The Parties

September 7, 2019 legalmaxindia

Now a day the dispute relating to matrimonial affairs are increasing. We are witnessing number of cases pertaining to divorce in last ten years. In our society percentage of divorce is rising day by day. Now question arises, what will happen to the kids after divorce? Whom custody of child be given?Who is the competent guardian Mother or father? Who should be given child custody? These questions are very crucial and important while adjudicating the cases related to child custody.

The court has to invoke parent’spatriae jurisdiction to decide the custody of child. It means that the court has to see paramount welfare of the child. Lawyers for Child Custodyhave to assert to Family Court that interest and well-being of child is very important rather than rights of party under law. Divorce lawyer has to keep in mind that welfare of minor child is having weightage over the right of the parties.

Time and again Apex Court reiterated that whenever welfare of child is at peril, it requires interference practice of changing custody from mother to father and from father to mother must be discouraged, because child may experience trauma in event of frequent custody of change.The Hon’ble Apex court in various landmark judgments has also observed “that children neither are not mere chattels nor are they toys for their parents .Absolute rights of parents over the destinies and the lives of their children has, in the modern changed social conditions must yield to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of the society and the guardian court in case of a dispute between the mother abd the father ,is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them.”

Laws are very clear on this aspect, paramount consideration of child must be reckoned before deciding the child custody cases. Our Legislation has provided relevant Act, Such as Guardianship and Ward Act but the welfare of child is having overriding effect over existing laws.

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