90,000+ Legal Questions Answered
No money return
4 years ago
Please help me... I had joined & completed a chitti of 3 lakh Rupees 3 years ago but still this time that party not given that amount. Finally under my pressure, he had issued a post dated cheque (Dated 25/11/19) Now it's come to my notice that the party and his wife left to Italy three months ago after issuing the above post dated cheque. They have owned house and lands here. It's my doubt Cheque date is 25/11 ...in this date the party is not in India. Please help me in this case..
A.Hello, I have gone through the brief facts detailed by you. You will have to present the cheque in order for it to get dishonoured. You can then continue to file a case u/s 138 of the Negotiable Instruments Act for dishonour of cheque. Please get in touch with me directly for detailed advise on the procedure to be followed after you present the cheque. Kindly note that once you have present the cheque, strict timelines have to be followed, and hence I advise you to get in touch well in time.
Helpful
Helpful
Share
PRADIP
Responded 4 years ago
A.Sir,
You just present the cheque on the due date and got it dishonoured. After that lodge FIR against the drawer for cheating and file a case under N I Act,1881, in court of your jurisdiction. If the drawer of the cheque has property in the place the cheque is dishonoured the same may be attached in case the drawer absconds from the court. Better consult with a lawyer dealing with N I Act cases, who will guide you the rest.
You just present the cheque on the due date and got it dishonoured. After that lodge FIR against the drawer for cheating and file a case under N I Act,1881, in court of your jurisdiction. If the drawer of the cheque has property in the place the cheque is dishonoured the same may be attached in case the drawer absconds from the court. Better consult with a lawyer dealing with N I Act cases, who will guide you the rest.
Helpful
Helpful
Share
A.Dear Sir,
You have two options one is proceeding against him by filing cheque bounce case after issuing legal notice under Section 138 and 139 of Negotiable Instruments Act. Secondly you can immediately and parallel to cheque bounce case file civil case and get attachment of such properties before judgment that is on the first day of filing suit under Order 38 Rule 5 of CPC thus protect your interest in the principal amount and interest thereon.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
You have two options one is proceeding against him by filing cheque bounce case after issuing legal notice under Section 138 and 139 of Negotiable Instruments Act. Secondly you can immediately and parallel to cheque bounce case file civil case and get attachment of such properties before judgment that is on the first day of filing suit under Order 38 Rule 5 of CPC thus protect your interest in the principal amount and interest thereon.
Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
Helpful
Helpful
Share
Read Related Answers
Cheque bounce
Dear Client,
When a person issues a post-dated cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the sa...
Misuse of security cheque
Dear Client,
When a person issues a post-dated cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the sai...
Cheque bounce - investment expert
Dear Client,
Incidentally, cryptocurrency/asset trading is neither illegal nor regulated by any specific legislation yet in India. The National Cyber Crime Reporting Portal(NCCRP) is an initiative of...
Fake cheque bounce case
Dear Client,
To address a false complaint or false criminal proceedings filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal...
FD 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...
Read Blogs on Cheque Bounce
Cheque Bounce Lawyers
Find Lawyers by Location
