Cheque issue Cheque issue

2 years ago

I was given money to my friend four years ago and he issued me cheque with blank date.He failed to all his committed date and now not responding. I don't know issued cheque is valid or not. what i should do now?

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.First check if cheque is valid or not because lot of banks merged.

if it is valid cheque and you can deposit the cheque and sometimes people get lucky and cheque gets clear.

If cheque bounces then you can initiate cheque bounce.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
To begin, you should serve a legal notice requesting payment from your friend. If you have not got your money yet, deposit the cheque in the bank; if the cheque is not cashed, you can file a legal notice for cheque dishonour under Section 138 of the NI Act, which allows you to file a legal notice within 15 days. After that, you will file a lawsuit in order to get your money back.

If you find this answer helpful, please rate my answer. Thank You.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
To begin, you should serve your friend with a legal notice demanding payment. If you still have not received your money, deposit the cheque in the bank; if the cheque is dishonored, you have recourse under Section 138 of the NI Act, which requires you to file a legal notice for cheque dishonor within 15 days. After that, you can file a lawsuit for recovery.

If you find this answer helpful, please rate my answer. Thank You.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 2 years ago

View All Answers
A.You should be very cautious, there are judges who do not entertain cheque bounce for time barred debts ( 3 years). Once the cheque is dishonoured, proper and careful drafting of demand notice is very important.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Swatantra Kr. Yadav

Responded 2 years ago

A.Firstly we would have to serve the legal Notice to the opponent party and which is having the limitations period of 15 days then we would wait for the reply of opponent here after if the opponent party will send us reply ...if they would not sent the reply of our notice then we will file the recovery suit against the opponent party . If you want discuss more about they you may contact to me .... In phone calls or I will arrange the meeting at Google meet or any other web source
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Swatantra Kr. Yadav

Responded 2 years ago

A.What do you want you want recovery of the amount ? Then further I will proceed
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFD as a security for bail
Dear Client, Generally, FD can considered as a legitimate form of security for bail in cheque bounce case. However, in most of the cases it involves specific procedural requisites, wherein, the bank c...
question iconCheque bounce due to stop payment.
Dear Sir, You just file cheque bounce case against him and then let him contest the case and prove his defence which is very hard.
question iconCheque bounce
Dear Client, According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the ag...
question iconCheque bounce case
Dear Client, a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years af...
question iconCheque Bounce - Section 138 Negotiable Instruments Act
Dear Client, Unlike a civil summons, which initiates a lawsuit, a criminal summons doesn't trigger the criminal proceedings. It simply serves as a formal notice notifying the accused of the charges a...