Uncategorized

By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts When a business client, buyer, or borrower issues a cheque that bounces due to “Funds Insufficient” or “Account Closed,” creditors immediately look toward Section 138 of the Negotiable Instruments Act, 1881 (NI Act) to recover their funds. However, unlike regular civil …

5 Fatal Mistakes People Make When Sending a Cheque Bounce Notice in India Read More »

By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts Receiving a summons from a Magistrate Court in a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) is a serious legal challenge. The immediate reaction of many individuals and business owners is to approach the High …

“There Was No Debt”: Why This Defense Rarely Wins at the High Court Quashing Stage in Section 138 NI Act Cases Read More »

By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts In structured commercial trade, supply chain agreements, and personal loan transactions across India, payments are often divided across several post-dated cheques (PDCs). However, when the drawer defaults and multiple cheques bounce simultaneously or in succession, payees face a critical legal question: …

Multiple Bounced Cheques From the Same Transaction: Can You File Multiple Section 138 NI Act Cases in India? Read More »

By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts Can You Be Prosecuted Under Section 138 NI Act for a Bounced Security Cheque?​ Yes, you can be prosecuted under Section 138 of the Negotiable Instruments Act for a bounced security cheque if a legally enforceable debt exists when the cheque …

Cheque Bounced in India: The Mandatory 30-Day Clock and Statutory Timelines Under Section 138 NI Act Read More »

By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts The rise of digital media has transformed how legal information is shared across India. However, the legal profession in India is governed by strict statutory rules prioritizing public duty over commercial enterprise. Under the Advocates Act, 1961 and the Bar Council …

Bar Council of India Social Media Guidelines: Balancing Professional Ethics and Public Legal Education Read More »

By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts How to Secure Anticipatory Bail Under Section 482 BNSS in Delhi NCR? Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an individual apprehending arrest in a non-bailable offense can apply for Anticipatory Bail directly before the Sessions Court …

Securing Anticipatory Bail Under Section 482 BNSS: Complete Legal Rules and Court Procedure in India Read More »

How to Get an Immediate Stay Order Against Illegal Construction or Encroachment? To immediately stop unauthorized construction or illegal encroachment, you must file a Civil Suit for Permanent Injunction along with an urgent Application for Temporary Injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC). The District Court …

Illegal Property Kabza and Adverse Possession Laws in India: Complete Civil and Criminal Legal Blueprint Read More »

Can You Be Prosecuted Under Section 138 NI Act for a Bounced Security Cheque? Yes, you can be prosecuted under Section 138 of the Negotiable Instruments Act for a bounced security cheque if a legally enforceable debt exists when the cheque is presented. However, if the underlying loan or contract was already paid in full, …

Defending Against Misused Security Cheques Under Section 138 of the Negotiable Instruments Act: Complete Legal Blueprint Read More »

By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts In urban centers like Delhi NCR, tenancy disagreements regarding rent hikes, maintenance charges, or lease extensions sometimes escalate into unilateral actions by property owners. One of the most severe illegal measures adopted by some landlords is cutting off essential amenities—specifically municipal …

Illegal Disconnection of Essential Water and Electricity Services by Landlord: Complete Legal Remedies for Tenants in India Read More »