Cheque bounce
3 years ago
Entered into an agreement with the builder for construction of our house in Delhi , builder gave two PDCs which when presented in Himachal Pradesh bank got dishonoured . My query is whether can I file a case under negotiable instrument act and simultaneously a civil summary suit for recovery of my money here in Himachal Pradesh or do I have to file a summary suit in Delhi where the builder resides.
JP Legal Associates
Responded 3 years ago
A.You can file both cheque bounce case and summary suit simultaneously in the your jurisdiction.
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A.Dear Sir,
Yes, you can file both cases first case will get you cheque amount with punishment and second case will get you interest on the cheque amount.
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Yes, you can file both cases first case will get you cheque amount with punishment and second case will get you interest on the cheque amount.
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Advocate Niyas Fazal A
Responded 3 years ago
A.Yes you can file simultaneously.
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A.Hai,
When a cheque bounces the first time, the bank issues a ‘cheque return memo’, stating the reasons for non-payment. The holder can resubmit the cheque to the bank within three months of the date on it, if he believes it will be honoured the second time. The other option would be to prosecute the defaulter legally. The first step is to send a legal notice to the defaulter within 30 days of receiving the cheque return memo. All the relevant facts of the case, including the nature of transaction, amount, date of depositing the instrument in the bank, and subsequent date of dishonouring, should be clearly mentioned in the notice. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period. If you find this helpful, please rate us
When a cheque bounces the first time, the bank issues a ‘cheque return memo’, stating the reasons for non-payment. The holder can resubmit the cheque to the bank within three months of the date on it, if he believes it will be honoured the second time. The other option would be to prosecute the defaulter legally. The first step is to send a legal notice to the defaulter within 30 days of receiving the cheque return memo. All the relevant facts of the case, including the nature of transaction, amount, date of depositing the instrument in the bank, and subsequent date of dishonouring, should be clearly mentioned in the notice. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period. If you find this helpful, please rate us
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hai,
The ideal step would be to send a cheque bounce legal notice to the drawer within 30 days from the date of acknowledging the ‘Cheque Return memo’, stating wherein, to make the payment to the payee within 15 days from the date of receipt of such notice by the drawer. If the drawer fails to fulfill his/her payment liability, then he/she is punishable under Section 138 cheque bounce. The payee can file the complaint in the Court of Judicial Magistrate of First Class or Metropolitan Magistrate. The complaint has to be accompanied by an Affidavit by the Payee or the complainant. The submitted documents and complaints will be examined by the concerned MM in order to confirm the commission of offence. Once the commission is made confirmed, then a summons will be issued for the hearing at the Summary Trial.If drawer is found guilty in the light of evidence provided in front of MM, he/she is empowered to pass a sentence of imprisonment from 1 year to 2 years or fine exceeding from Rs.5000. If you find this helpful, please rate us.
The ideal step would be to send a cheque bounce legal notice to the drawer within 30 days from the date of acknowledging the ‘Cheque Return memo’, stating wherein, to make the payment to the payee within 15 days from the date of receipt of such notice by the drawer. If the drawer fails to fulfill his/her payment liability, then he/she is punishable under Section 138 cheque bounce. The payee can file the complaint in the Court of Judicial Magistrate of First Class or Metropolitan Magistrate. The complaint has to be accompanied by an Affidavit by the Payee or the complainant. The submitted documents and complaints will be examined by the concerned MM in order to confirm the commission of offence. Once the commission is made confirmed, then a summons will be issued for the hearing at the Summary Trial.If drawer is found guilty in the light of evidence provided in front of MM, he/she is empowered to pass a sentence of imprisonment from 1 year to 2 years or fine exceeding from Rs.5000. If you find this helpful, please rate us.
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