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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
A "Pro-forma Complaint under Section 138 by a Firm" is a template or model complaint used in India when a firm or business entity wishes to initiate legal action against another party for dishonoring a cheque due to insufficient funds or other reasons. Section 138 of the Negotiable Instruments Act deals with the offense of cheque bounce. Here's a brief guideline on its use and common mistakes to avoid:
Usage:
Template Selection: Start with an appropriate pro-forma complaint template, customized for your firm's needs and in compliance with legal requirements.
Insert Relevant Information: Fill in all specific details, such as the name and address of the firm, accused party, cheque particulars, amount, and relevant dates.
Legal Grounds: Clearly mention the legal provisions, i.e., Section 138 of the Negotiable Instruments Act, under which the complaint is filed.
Narrate the Facts: Describe the sequence of events leading to the dishonor of the cheque, providing a clear account of the transaction.
Demand Compensation: Specify the amount you are seeking as compensation for the dishonored cheque and any additional damages incurred.
Common Mistakes to Avoid:
Inaccurate Information: Ensure all details, including cheque particulars and legal provisions, are accurate.
Missed Deadlines: File the complaint within the statutory timeframe, usually 30 days from the date of dishonor, to maintain legal validity.
Lack of Supporting Documents: Attach copies of the bounced cheque, notice of dishonor from the bank, and any other relevant documents as evidence.
Unreasonable Demands: Request a reasonable amount of compensation aligned with the actual damages suffered.
Threatening Language: Maintain a professional and non-threatening tone in the complaint to avoid potential counterclaims for harassment.
Non-compliance with Legal Procedures: Consult with a legal expert or attorney to ensure compliance with all legal procedures and requirements.
A well-drafted pro-forma complaint under Section 138 serves as a strong foundation for initiating legal proceedings for cheque bounce. Seek legal advice and follow these guidelines meticulously to strengthen your case and protect your firm's rights as a payee.