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Defences available to the Accused in a Cheque Bounce Cases: Lawyers Advice

A Cheque Bounce case is a criminal case provided under section 138 of Negotiable Instruments Act of 1881. A cheque is said to have bounced for several reasons for example insufficient balance, accounts closed, signature mismatch etc. Conditions necessary for cheque bounce: • The cheque is dishonored due to insufficiency of funds, signature mismatch, account blocked etc. • A Legal notice is given within 30 days after such dishonor. • A payment of due amount is not made within 15 days time after the legal notice has been issued by the aggrieved. Defence...

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Evidence and Burden of Proof in Cheque Bounce Cases: Lawyers Advice

Dishonor of a cheque or cheque bounce occurs when a cheque that is presented in the bank is returned unpaid which can be due to various reasons including insufficient amount in the bank, signature mismatch etc. The aggrieved party can institute a suit against the accused under the Negotiable Instruments Act of 1881. Evidence in a Cheque Bounce Case:Under Section 145 of the Negotiable Instruments Act of 1881: The Complainant has to furnish his evidence, normally by way of affidavit; in lieu of examination in chief. Documents like bounced cheque, dishonour memo, copy of notice etc are attached to support the...

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Filing Procedure for Cheque Bounce Case: Lawyers Advice

The Negotiable Instruments Act of 1881: As per the act, cheque has been defined under section 6 as the bill of exchange which is payable on demand by the applicant. A Cheque bounce is when there is dishonour of payments by the drawer when the cheque is submitted for payment by the drawee. The dishonour can be due to various reasons, some are clear overwriting on the cheque, insufficiency of the amount in the account used for payment, attestations on different documents do not match etc. Institution of a Criminal Suit for a Cheque Bounce CaseUnder Section 138 of Negotiable Instruments Act...

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Polygraph Test & it’s Legal Sanctity: Lawyers Advice

The Polygraph test, also called as the Lie-Detector test falls under the interrogation techniques used in criminal investigations. This test is likely to be used when the accused may be deceitful about the relevant facts of a case. The polygraph test is able to produce the persons physiological responses like his blood pressure, heart rate pulse and galvanic skin resistance, to see whether he is telling the truth or not. The National Human Rights Commission of India had issues certain guidelines with regards to conducting a polygraph test on persons. The following are the legal guidelines to be followed by...

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Arrest under the Foreign Exchange Management Act (FEMA) of 1999

The term "Foreign Exchange” means foreign currency and includes, ● Deposits, credits and balances payable in any foreign currency, ● Drafts, traveler’s cheques, letters of credit or bills of exchange, expressed or drawn in Indian currency but payable in any Foreign currency, ● Drafts, traveler’s cheques, letters of credit or bills of exchange drawn by banks, institutions or persons outside India, but payable in Indian currency; The Foreign Exchange Management Act (FEMA) was enacted in the year 1999, to facilitate external trade and payments and maintenance of foreign exchange in India. Some...

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Anticipatory Bail under the Foreign Exchange Management Act (FEMA) of 1999

For Anticipatory Bail, a person can apply under Section 438 of the Code of Criminal Procedure (Cr P.C.) which can be granted only by the Sessions Court and High Court.Five most important points must be kept in mind while applying for an Anticipatory Bail under FEMA are:- The nature/gravity of the offence committed by the person seeking Anticipatory Bail.The evidence confiscated from the Accused and all the facts of the Prosecution's Case.The statement of the Investigating Officer and Government Lawyer. The background of the accused i.e. whether he/she was previously involved in any criminal activity whatsoever.The Initial Report of the Investigating...

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Compounding of Offences under the Foreign Exchange Management Act (FEMA) of 1999

'Compounding of Offences' means a compromise between the two parties, where the complainant agrees to drop charges against the accused. Section 320 of The Code of Criminal Procedure, 1973 (Cr P.C.) provides for compounding of certain offences which are punishable under the Indian Penal Code (IPC) of 1860. There are certain serious offences for which parties cannot compromise, these offences are called Non-Compoundable Offences. Contravention under FEMA, is a breach of the provisions of the Foreign Exchange Management Act (FEMA), 1999 and rules/ regulations/ notification/ orders/ directions/ circulars issued thereunder. Under FEMA, Compounding refers to the process of voluntarily admitting the...

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Evidence and Burden of Proof under the Foreign Exchange Management Act (FEMA) of 1999

Under the Foreign Exchange Management Act (FEMA), 1999 all the documents related to foreign transactions are considered as evidence and can be used during the investigation of contraventions of FEMA provisions. According to Section 12 of FEMA, the Reserve Bank of India (RBI) may, at any time, through its officials can inspect business of any authorised person as necessary, to:-(a) verify the correctness of any statement, information or particulars provided to RBI;(b) obtain any information or particulars which the accused has failed to furnish on being called upon to do so; (c) secure compliance with the provisions of this Act or...

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Evidence & Burden of Proof under the Prevention of Money Laundering (PMLA) Act of 2002

The Prevention of Money Laundering (PMLA) Act of 2002 PMLA talks about attachment of "Proceeds of Crime" related to Money Laundering, the expression "proceeds of crime" is defined under clause (u) of Section 2 (1) of the PMLA Act of 2002 as: "Any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property (or where such property is taken or held outside the country, then the property equivalent in value held within the country)." The definition of "Proceeds of Crime" can be broken...

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Bail under the Prevention of Money Laundering (PMLA) Act of 2002

The basis of Bail lies on the principle that there is an assumption of innocence of a person until he is found guilty. In most of the cases where bail is granted, a sum of money or property has to be deposited to the Court as a guarantee that the accused will appear in Court, whenever required. The Section 45 of the Prevention of Money Laundering (PMLA) Act of 2002 provides that the accused cannot be granted bail for any offence under the Act unless ‘the public prosecutor’, appointed by the Government, gets a chance to oppose his bail. If he...

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