Cheque bounce case
3 years ago
Hello,
I had given a goods to one of my reseller 2 years back. Against which I have received 4 cheques of 1 lac rupees each. But last month all his cheque have bounced. And he have also closed his shop and no contact since then. He have switched off his phone. So no one can track him. I have his bounced cheque which are under time limit of three months
His firm is registered under private limited (name- Nonsense style and fashion pvt Ltd)
One of his director (his brother) is still in pune.
My question is-
1) how can we recover a money if the person is not available. Or no tracing of person
2) can we recover the money from his brother who is director in his company? But he haven't signed the cheques.
3) which case should be filled? 138 or any other?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. File a money recovery suit against him, the police will help you locate him.
2. A suit can also be filed against the company.
3. Yes, and also a complaint for fraud and cheating under Sections 415 and 420 IPC.
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1. You will have to ask the police to help you in locating him. The money can be recovered from his immovable assets.
2. You can file a money recovery suit against the company itself.
3. Yes, you can also file a complaint for fraud and cheating under Sections 415 and 420 IPC.
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