CHECK BOUNCE CHECK BOUNCE

4 years ago

RESPECTED LAWYERS ,
HELLO, I AM KRISHNA KUMAR KG AND I HAVE GIVEN SOME OF (2,83,000) TO PERSON IN NEED BUT ITS BEEN SO LONG AND THERE IS NO INTENTION BY THE PARTY FOR RETURNING THE MONEY,BUT I WENT TO THE POLICE STATION AND GAVE A COMPLAINT ON THE SO PERSON, AND THE POLICE TOOK ACTION AND MADE HIM TO GIVE ME BANK CHEQUE AND PROMISSORY NOTE (SIGNED) AND GAVE HIM 6 MONTHS TIME FOR RETURNING MY MONEY AND THE PERSON HAS GIVEN ONE LAKH FROM (2,83,000) AND THE SIX MONTHS TIME HAS EXPIRED AND I GAVE HIM CALL AND HE IS ASKING FOR SOME MORE TIME AND SOMETIMES HE IS NOT ANSWERING OR RESPONDING. WHAT SHOULD I DO FURTHER AND I NEED YOUR HELP AND ADVICE PLZ

THANK YOU

YOUR RESPECTFULLY,
KRISHNA KUMAR KG

Adv. Sarika Khude

Responded 4 years ago

A.You may get issue a legal notice and file a cheque bounce case
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 years ago

View All Answers
A.Dear Sir,
You may get issue a legal notice and file a cheque bounce case as follows:
=====================================================================
Cheque bounce FAQs Negotiable Instruments Act
1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?
Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation - 20% - Without depositing this amount the accused cannot defend the case.
Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction
The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.
This amount shall be in addition to the amount already paid by the appellant under Section 143A.
It received the assent of the President and was notified in the Official Gazette on 02.08.2018
1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?

A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:
a) Place of drawing of the cheque,
b) Address of bank where cheque was presented (holders bank address),
c) Address of bank where cheque is payable (drawers bank address)
d) Place from where notice was received by drawer of cheque

a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint.

2. What can I do if it has been more than 30 days since I received information of dishonour of cheque?

If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Upadhye & Associates

Responded 4 years ago

A.Hi Krishna Kumar,

After reading your queryz i feel that this is a classic case of cheating and criminal breach of trust.

I suggest you register an FIR on the above grounds and also simultaneously file a petition for cheque bounce u/s 138 of Negotiable Instruments Act.

This will put pressure on him which will help you to recover the money faster.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anand Dhanuka

Responded 4 years ago

A.It is not clear whether the cheque given to you by the said person is blank, that is, there is no mention of amount in the cheque or the promissory note. If there is amount written or even if there is no amount written then in the later event fill up the amount and present the cheque in the bank for encashment and on bouncing you may file a case for bouncing of cheque.
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Vidhi Samaadhaan Vidhi Samaadhaan

Parmeshwar Digambarrao Pawar

Responded 4 years ago

A.Dear client, deposit cheques given by him . Him cheque get bounced then you can send him demand notice through your advocate and if fails to pay your cheque amount within 15 days of service of notice, you can file criminal case against him before JMFC court.
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