cheque
5 years ago
the property has disputed into 5parts the persons given registered cheque.the cheque has bounced can i get justice in this matter
Ramalingaiah Mulakatte
Responded 5 years ago
A.Yes, you can get justice.
Firstly, issue a statutory demand notice to him (the drawer of the cheque) under section 138 of the Negotiable Instruments Act demanding/specifying the cheque amount "within 15 days" of receipt of the notice.
Failing any receipt of the cheque amount, you need to file criminal case under the same law in the Court of Magistrates Court for prosecution of the drawer for offence committed under the said Act.
Contact any local Advocate from this portal, for territorial jurisdiction etc.
File the complaint in Court within 30 days, after the expiry of the said "15 days" time granted in the statutory demand notice. This is for criminal prosecution.
Later on, within 3 years from the date of cheque, also file a civil summary suit for recovery of the amount. This is civil recovery proceedings.
Firstly, issue a statutory demand notice to him (the drawer of the cheque) under section 138 of the Negotiable Instruments Act demanding/specifying the cheque amount "within 15 days" of receipt of the notice.
Failing any receipt of the cheque amount, you need to file criminal case under the same law in the Court of Magistrates Court for prosecution of the drawer for offence committed under the said Act.
Contact any local Advocate from this portal, for territorial jurisdiction etc.
File the complaint in Court within 30 days, after the expiry of the said "15 days" time granted in the statutory demand notice. This is for criminal prosecution.
Later on, within 3 years from the date of cheque, also file a civil summary suit for recovery of the amount. This is civil recovery proceedings.
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Gopal Bansal
Responded 5 years ago
A.Dear concerned,
Yes, you can proceed further and file a cheque bounce case because the cheque was issued in discharge of a legally enforceable debt. In order to file a cheque bounce case, first of all, you have to send a legal notice to the defaulter through an advocate, in which you should clearly mention all the particulars of the bounced cheque, such as the date of issuance, the amount of cheque, the date of deposition of cheque in the bank, the date and reason of the dishonour alongwith all other relevant particulars and should ask the defaulter to make the payment within 15 days of his receiving the notice. The notice should be sent within 30 days of receiving the cheque return memo. If the defaulter not even makes payment within 15 days of receiving the legal notice, you can file a complaint case u/s 138 of the NI Act, within 30 days starting from the day on which the time limit of 15 days (which was provided to the defaulter to make the payment) has elapsed. You can also hire a good legal practitioner from the Vidhikarya platform, having expertise in cheque bounce cases.
Yes, you can proceed further and file a cheque bounce case because the cheque was issued in discharge of a legally enforceable debt. In order to file a cheque bounce case, first of all, you have to send a legal notice to the defaulter through an advocate, in which you should clearly mention all the particulars of the bounced cheque, such as the date of issuance, the amount of cheque, the date of deposition of cheque in the bank, the date and reason of the dishonour alongwith all other relevant particulars and should ask the defaulter to make the payment within 15 days of his receiving the notice. The notice should be sent within 30 days of receiving the cheque return memo. If the defaulter not even makes payment within 15 days of receiving the legal notice, you can file a complaint case u/s 138 of the NI Act, within 30 days starting from the day on which the time limit of 15 days (which was provided to the defaulter to make the payment) has elapsed. You can also hire a good legal practitioner from the Vidhikarya platform, having expertise in cheque bounce cases.
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VIMAL K MISHRA
Responded 5 years ago
A.Send a legal notice through Advocate 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 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
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Johnson Thangiah
Responded 5 years ago
A.First send legal notice U/S 138(b) of NI Act and if he fails payment file a case before JM court.
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VIMAL K MISHRA
Responded 5 years ago
A.Send a legal notice through Advocate 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 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.
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Aashish Kumar
Responded 5 years ago
A.Send legal notice. 2100 is the only fee I charge for legal notice.
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Ambrose Leo
Responded 5 years ago
A.I am an expert in Banking & Finance and NI Act practicing High Courts Advocate,if need can contact through Vidhikarya for immediate action in all aspects of the issue quickly.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client you need to issue legal notice through lawyer for payment. If they deny or not reply then you can file complaint of dishonour of cheque u/s 138 of NI Act. Also you can file civil suit for money recovery
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ROBERT D ROZARIO
Responded 5 years ago
A.For cheque bounce cases a legal notice needs to be sent through a advocate. The limitation period is thirty days. Please contact a local lawyer from Vidhikarya for drafting and filing. Along with criminal proceeding you can parallely file a civil suit for recovery of money,
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Junaid Ali Khan
Responded 5 years ago
A.You need to send them a legal notice first, and in case they fail to make payment file a complaint case under section 138 NI Act. It advisable to take help from vidhikarya lawyers.
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Manjula Shanmugasundaram
Responded 5 years ago
A.Please cause a legal notice through your lawyer and if payment is still not received , file a cheque bounce case.
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Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear sir yes Sir call me for more details
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NILANJAN CHATTERJEE
Responded 5 years ago
A.Yes you can opt for cheque bounce or money suit. Also you can revoke such distribution unless the dues not paid.
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