Cheques bounced
3 years ago
Hello Sir, I get 30 PDC against the cancellation of my property booking. 1st cheque was cleared in feb 2020. But after that all 6 cheques are bounced. Please suggest how do I get my money back.
Sarthak Nayar
Responded 3 years ago
A.What is the reason for dishonor of cheques ? is it insufficient funds or Stop payment or any other reason? This will help in getting to know the mind of the payee and whether he wants to pay you the money. You should keep in mind one things about cheque bounce matter that once a cheque is dishonored then you within 30 days have to send a legal notice to the payee and give 15 days to the payee to pay the amount and settle the matter, after the expiry of 15 days within 30 days have to file a complaint before court if the matter has not been settled, any delay in this even of one day means that your case has become non-maintainable. So keep these deadlines in mind and keep on depositing all these cheques within 90 days. Another thing i suggest along with cheque bounce case is to file an FIR against this person as this is also attracting section 420 IPC. This will help you put pressure on this person and force him to settle the matter.
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Meenakshi Garg
Responded 3 years ago
A.Dear client,
You have two legal recourses which you can avail simultaneously. First one is you can file cheque bounce complaint under Section138 of NI Act with regard to the cheques which are bounced so the first step in S.138 complaint is to serve the other party with the legal notice.
And the second one is you can file suit for recovery of the amount due.
You can take both the legal recourse. But first of all go for cheque bounce case.
You have two legal recourses which you can avail simultaneously. First one is you can file cheque bounce complaint under Section138 of NI Act with regard to the cheques which are bounced so the first step in S.138 complaint is to serve the other party with the legal notice.
And the second one is you can file suit for recovery of the amount due.
You can take both the legal recourse. But first of all go for cheque bounce case.
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A.Hi, send legal notice and file case with the help of lawyer.
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Shreesh Chadha
Responded 3 years ago
A.As said, you need to inform date of the bouncing of cheques. If it is February 2020, then it is too late to proceed with cheque bounce case. But you have civil remedy.
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Srinivasa Prasad
Responded 3 years ago
A.You need to issue notice under Sec.138 N.I. Act, within 30 days from date of cheque bounce demanding the amount, failing which, you need to file case. If said 30 days mandatory period is over, then you can file civil suit for recovery of money.
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