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Sir I sold my property to person in wadner dumala in nashik he gave me cheque for 15may 2019 I called him but not giving any response about cheque and not talking properly sir what should I do my daughter is suffering from kidney infection I sold for her treatment sir I work as security guard sir so pls give me proper reply thank you.

A. Dear Client, Consult a lawyer and immediately send a legal notice for cheque bounce to the concerned person. If he doesn't comply to such legal notice, you can file a suit for cheque bounce thereafter. Thanks.

Hi I took car loan of Rs.650000 for five years and gave 5 blank cheque as security to bank ..but my business was'nt go well and because of that i couldnt pay my car loan Emi on time ...my Emi amt Rs.16000 so bank took my car within one year from date of purchase...bank already sold off car and recover the money..but meanwhile bank deposited all my blank cheque given at the time of taking loan...two cheque bounce of Rs.16000 each and third cheque of Rs.450000...since i dont have bal in my bank account the cheques got bounce and they file. Cheque bounce case against me...they deposited these cheques in kolkatta purposely...i stay in mumbai now they threating me to come in kolkatta ... Pls advice me what i can do

A. Then u may file revision petition and stay the further proceedings, contact through this web for details.

some known person to my son have taken 3L for doing some work and taken an empty cheque as security later he took 45 thousand more but didnt do the work. so I asked to return my money but he keeps on postponing its been 8 months now and I fed up with his dates. Can I drop the cheque and file a case againt him. I have audio recordings also as a proof and transfered around 20k from my accout remaining are cash transactions.

A. Deposit the cheque, In all probabilities the cheque shall bounce/dishonor Send him a legal notice to repay the money within 15 to 30 days. If in case he fails to comply with the same, file a case under section 138 of the NI Act. Thanks Shreyash Mohta

Kya share market me ki cheque se ki gayi investment Cheque dishonour act ya NI act sec 138 ya 143 ke purview ke under aata hai ?

A. No, because as per NI act cheque should be made in discharge of legal debt

Sir I have bought a commercial space from Lucknow based builder R.R.CIVILTECH PRVT LTD through registered agreement to sale with full consideration amount 675000 on July 2015 but unfortunately I have to get cancelled of registered agreement to sale on 19.3.2019 with mutual understanding and he has given me cheques of Rs675000 & Rs 325000 dated 31.3.2019 duly mention toone in cancellation of agreement of total consideration amount 1000000(Ten Lakhs) Sir I wanted to know if any case cheque bounce what legal remedy availale for me.. #Yours Alok Srivastava

A. You can file a case under 138 of NI Act if the cheque gets returned

give 40000rs to my friend. 1) 30000 cash show entry in bank as I withdraw money later 1000rs. Cheque take security & bonus in the court claim by party my money not shown in account no pan summit. Case 2015. But I show money in detours but not in debtor advances to their pan number. How I can argue this matter to win

A. Dear Sir, You have to share full details with an expert he will advise you on many points to be argued.

Dear Sir... my case have been favered judgement to accused due to my lawer missed out first accuse a acompany . Directly issued noticed to accused (signing)person..My lawyer argument merely saying company not acceptable. .co address and accused person living same place ...can I appeal with best regards mani

A. Dear Sir, You have go in appeal as there is no other alternative.

cheque bounce ka koi kanuni nitam hai ya koi bhi paisa high intress rate 15%to 30% dene k bad bhi aur jitna uska paisa ho usse do tin guna intress dene k bad bhi chaque bounce kare and liggle notice and summance bheje to kya kar sakte hai pls reply

A. Dear Sir, 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. 3. How long after notice has been served can I file a case against the drawer? After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. 4. What can I do if I do not have the drawer's address? You need the address of the drawer of cheque to issue notice as contemplated under provisions of N.I. Act; also the address is necessary if you wish to avail other legal remedies available to you. You can send the notice to the last known address. In case the address of the drawer has changed and the drawer has not left a forwarding address and the notice is returned with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then you need to file a complaint case after 15 days (notice period) of receipt of such information or returned notice and within 30 days from expiry of notice period. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque 5. What should I do if the notice was returned and could not be served to the drawer? When a notice is returned to the sender as unclaimed or with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then the date of receipt of such information or returned notice would be the commencing date for the notice period of 15 days. Complaint case under Section 138 N.I. Act must be filed within 30 days from expiry of notice period. Such reckoning would be without prejudice to the right of the drawer of the cheque to show that he had no knowledge that the notice was brought to his address or previous address. 6. Can Mohan Law Chambers assist in drafting of legal notice as required by Section 138 of N.I. Act.? Yes, Mohan law Chambers offers assistance in drafting of legal notice as required by Section 138 of N.I. Act. 7. How long after receiving information of dishonour of cheque do I have to serve notice to the drawer? You need to serve a legal notice to drawer of cheque demanding payment of cheque amount within 30 days of the receipt of information from your banker regarding dishonour of cheque under Section 138 N.I. Act. 8. What if the cheque was given for a reason other than to discharge a legally enforceable debt or other liability? In cases where cheque was given for a reason other than to discharge a legally enforceable debt or other liability, the provisions of Section 138 N.I. Act are not applicable e.g. Cheque given as Gift, in charity, donation etc. 9. Can a cheque issued in security attract offence under Section 138 N.I. Act? With respect to the dishonour of cheques given as security, legal position is not very clear. It is subject to presumption and proof thereof that may be given by either party in support of their case. High Court of Delhi in the case of M/s Datt Enterprises ltd. vs. V.K.Dua held that the security cheque does not attract the provisions of Section 138 N.I. Act., if cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability. 10. What is a legally enforceable debt or other liability? Legally enforceable debt or other liability should be such which is contracted in accordance with law and which is not opposed to public policy viz., wagering contracts, debt obtained for running brothel or gambling house etc. 11. What is Section 138 N.I. Act and why is remedy available under it preferable to remedy available under other laws? a. Section 138 N.I. Act was made to provide an additional criminal remedy over and above the civil remedies available; to provide a speedy and effective remedy to holder of dishonoured cheque. b. Summary suit for recovery of money takes time (approximately 3 to 5 years) and criminal proceedings under Section 420 I.P.C. does not provide any provision for recovery of money and is meant only for prosecution of the drawer of the cheque who entertains dishonest intention to cheat. 12. What is a summary suit for recovery of money? Summary suit is a civil legal proceeding initiated for recovery of money due under any written agreement, cheque etc. These proceedings are different from normal recovery suit, as here the liability to prove that petitioner is not liable to recover any amount is on defendant for which he needs to obtain leave to defend from the court. 13. What is the validity of the cheque in day to day business? The current validity of cheques is 6 months. However, please note that from April 1, 2012. The validity will change to three months as per recent directive of RBI (under Sec. 35A, Banking Regulation Act, 1949) 14. What can I do if a cheque given to me has been dishonoured? a. The holder of a cheque that has been dishonoured can seek remedy in the following manner: i) Action under Section 138 Negotiable Instruments Act (N.I. Act): Give notice under within 30 days of receipt of information of dishonour from the bank. In case of non- payment by the drawer within the notice period of 15 days, then the holder must institute a complaint case for prosecuting drawer within 30 days of expiry of notice period. ii) Civil Action as Summary Suit: Issue notice within 3 years from issue date of cheque and institute a summary suit for recovery of cheque amount along with interest and legal expenses. The notice can also be used while filing summary suit for recovery of money. iii) Criminal Action: Initiate criminal proceedings by filing complaint under Section 420 Indian Penal Code (I.P.C.) within 3 years from issue date of cheque. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque when dishonest intent to cheat in inferred. 15. What documents / evidences do I need at the time of filing complaint case under Section 138 N.I. Act? You will need at the minimum, the following: a) Proof of service of notice - receipt of postal department / courier b) Copy of notice c) Cheque in original 16. What can I do if I do not file a complaint within 30 days from expiry of notice period? If you have not filed a complaint case within 30 days after expiry of notice period, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from the date of issue of cheque. 17. What can I do if it has been more than 30 days since I received information of dishonour of cheque and 6 months has passed from the date of issue of cheque? a. Other remedies are also available to recover the cheque amount. You can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. In case the cheque was never presented during its validity period then a summary suit is the only available remedy for recovery of money. (Notice can be given to drawer up to 3 years from date of issue of cheque for instituting a summary suit for recovery of money. Criminal proceedings for prosecution of drawer can also be instituted within 3 years from date of issue of cheque under Section 420 I.P.C.) 18. The drawer is asking me to settle the claim at a reduced value. What should I do? Its up to you to settle the claim at a reduced value as the same will save your precious time, as well as legal hassle. Now-a-days courts are also encouraging amicable settlement between the parties. However, if you settle the dishonoured cheque amount at a reduced value, you will lose all remedies available under law. 19. What remedy do I have if the drawer delays in settling after conviction? In a recent 2010 judgement, Supreme Court has laid strict rules to deal with such delaying tactics. Delay in settling cheques bounced will cost up to 20% of the cheque amount post-conviction. This is detailed as: 10% at District Court level; 15% at the High Court level; and up to 20% at the Supreme Court level. For e.g., Defaulter going for settlement will have to pay 10% of the cheque amount to avoid going to the jail. 20. Can I recover interest and legal expenses from the drawer of the dishonoured cheque? Yes, you can recover interest and legal expenses from the drawer of the dishonoured cheque in a summary suit for recovery of money, but not in the proceedings initiated under Section 138 N.I. Act. However, under Section 138 N.I. Act the award maybe higher than the cheque amount. 21. What should I do if the drawer does not make payment upon receipt of notice? You can adopt either or any of the remedies available to you: a) Can file a criminal complaint against drawer of cheque under Section 138 of N.I. Act. b) Can file a summary suit for recovery of money, interest and legal expenses. c) Can file a criminal complaint against drawer of cheque under Section 420 of I.P.C. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque. In case a person has filed suit for recovery, then he is not precluded from filing a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The pendency of criminal matters would not be an impediment to proceeding with the civil suits.

Total 30 lakh ka issue hai. 1st Party ka kehna hai usne total 30 lakh ka investment kiya. Unka kehna hai sara investment cash se diya hai. 2nd party ka Blame hai ki Ussi 30 lakh ki ugaahi ke liye Dusri party se zabardasti usne 15 lakh ka cheque pe sign karaye aur baad me usse Bank me present kr diya jisse cheq bounce ho gya. Aur cheq bounce ka case thok diya. Baki k 15 lakh ki vasooli ke liye 1st party ne ek aur case dala jo ki high court me chal rha hai.Investment ka koi proof nahi hai. Bas zabardasti cheq pe jo sign liye the wo hai. Kya 2nd party district court me chal rhe 15lakh cheq bounce wale case pe stay lagwa skti hai ye bol ke ki high court me jo dusra case chl rha hai baki ke bache 15 lakh ka pehle uska decision a jaye. High court ka decision 2nd party ke favour me jane ke aasar hain kyunki on paper first party ka koi investment nahi hai.

A. Dear Sir, The entire procedure is found in the following FAQs. ========================================================= 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. 3. How long after notice has been served can I file a case against the drawer? After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. 4. What can I do if I do not have the drawer's address? You need the address of the drawer of cheque to issue notice as contemplated under provisions of N.I. Act; also the address is necessary if you wish to avail other legal remedies available to you. You can send the notice to the last known address. In case the address of the drawer has changed and the drawer has not left a forwarding address and the notice is returned with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then you need to file a complaint case after 15 days (notice period) of receipt of such information or returned notice and within 30 days from expiry of notice period. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque 5. What should I do if the notice was returned and could not be served to the drawer? When a notice is returned to the sender as unclaimed or with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then the date of receipt of such information or returned notice would be the commencing date for the notice period of 15 days. Complaint case under Section 138 N.I. Act must be filed within 30 days from expiry of notice period. Such reckoning would be without prejudice to the right of the drawer of the cheque to show that he had no knowledge that the notice was brought to his address or previous address. 6. Can Mohan Law Chambers assist in drafting of legal notice as required by Section 138 of N.I. Act.? Yes, Mohan law Chambers offers assistance in drafting of legal notice as required by Section 138 of N.I. Act. 7. How long after receiving information of dishonour of cheque do I have to serve notice to the drawer? You need to serve a legal notice to drawer of cheque demanding payment of cheque amount within 30 days of the receipt of information from your banker regarding dishonour of cheque under Section 138 N.I. Act. 8. What if the cheque was given for a reason other than to discharge a legally enforceable debt or other liability? In cases where cheque was given for a reason other than to discharge a legally enforceable debt or other liability, the provisions of Section 138 N.I. Act are not applicable e.g. Cheque given as Gift, in charity, donation etc. 9. Can a cheque issued in security attract offence under Section 138 N.I. Act? With respect to the dishonour of cheques given as security, legal position is not very clear. It is subject to presumption and proof thereof that may be given by either party in support of their case. High Court of Delhi in the case of M/s Datt Enterprises ltd. vs. V.K.Dua held that the security cheque does not attract the provisions of Section 138 N.I. Act., if cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability. 10. What is a legally enforceable debt or other liability? Legally enforceable debt or other liability should be such which is contracted in accordance with law and which is not opposed to public policy viz., wagering contracts, debt obtained for running brothel or gambling house etc. 11. What is Section 138 N.I. Act and why is remedy available under it preferable to remedy available under other laws? a. Section 138 N.I. Act was made to provide an additional criminal remedy over and above the civil remedies available; to provide a speedy and effective remedy to holder of dishonoured cheque. b. Summary suit for recovery of money takes time (approximately 3 to 5 years) and criminal proceedings under Section 420 I.P.C. does not provide any provision for recovery of money and is meant only for prosecution of the drawer of the cheque who entertains dishonest intention to cheat. 12. What is a summary suit for recovery of money? Summary suit is a civil legal proceeding initiated for recovery of money due under any written agreement, cheque etc. These proceedings are different from normal recovery suit, as here the liability to prove that petitioner is not liable to recover any amount is on defendant for which he needs to obtain leave to defend from the court. 13. What is the validity of the cheque in day to day business? The current validity of cheques is 6 months. However, please note that from April 1, 2012. The validity will change to three months as per recent directive of RBI (under Sec. 35A, Banking Regulation Act, 1949) 14. What can I do if a cheque given to me has been dishonoured? a. The holder of a cheque that has been dishonoured can seek remedy in the following manner: i) Action under Section 138 Negotiable Instruments Act (N.I. Act): Give notice under within 30 days of receipt of information of dishonour from the bank. In case of non- payment by the drawer within the notice period of 15 days, then the holder must institute a complaint case for prosecuting drawer within 30 days of expiry of notice period. ii) Civil Action as Summary Suit: Issue notice within 3 years from issue date of cheque and institute a summary suit for recovery of cheque amount along with interest and legal expenses. The notice can also be used while filing summary suit for recovery of money. iii) Criminal Action: Initiate criminal proceedings by filing complaint under Section 420 Indian Penal Code (I.P.C.) within 3 years from issue date of cheque. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque when dishonest intent to cheat in inferred. 15. What documents / evidences do I need at the time of filing complaint case under Section 138 N.I. Act? You will need at the minimum, the following: a) Proof of service of notice - receipt of postal department / courier b) Copy of notice c) Cheque in original 16. What can I do if I do not file a complaint within 30 days from expiry of notice period? If you have not filed a complaint case within 30 days after expiry of notice period, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from the date of issue of cheque. 17. What can I do if it has been more than 30 days since I received information of dishonour of cheque and 6 months has passed from the date of issue of cheque? a. Other remedies are also available to recover the cheque amount. You can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. In case the cheque was never presented during its validity period then a summary suit is the only available remedy for recovery of money. (Notice can be given to drawer up to 3 years from date of issue of cheque for instituting a summary suit for recovery of money. Criminal proceedings for prosecution of drawer can also be instituted within 3 years from date of issue of cheque under Section 420 I.P.C.) 18. The drawer is asking me to settle the claim at a reduced value. What should I do? Its up to you to settle the claim at a reduced value as the same will save your precious time, as well as legal hassle. Now-a-days courts are also encouraging amicable settlement between the parties. However, if you settle the dishonoured cheque amount at a reduced value, you will lose all remedies available under law. 19. What remedy do I have if the drawer delays in settling after conviction? In a recent 2010 judgement, Supreme Court has laid strict rules to deal with such delaying tactics. Delay in settling cheques bounced will cost up to 20% of the cheque amount post-conviction. This is detailed as: 10% at District Court level; 15% at the High Court level; and up to 20% at the Supreme Court level. For e.g., Defaulter going for settlement will have to pay 10% of the cheque amount to avoid going to the jail. 20. Can I recover interest and legal expenses from the drawer of the dishonoured cheque? Yes, you can recover interest and legal expenses from the drawer of the dishonoured cheque in a summary suit for recovery of money, but not in the proceedings initiated under Section 138 N.I. Act. However, under Section 138 N.I. Act the award maybe higher than the cheque amount. 21. What should I do if the drawer does not make payment upon receipt of notice? You can adopt either or any of the remedies available to you: a) Can file a criminal complaint against drawer of cheque under Section 138 of N.I. Act. b) Can file a summary suit for recovery of money, interest and legal expenses. c) Can file a criminal complaint against drawer of cheque under Section 420 of I.P.C. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque. In case a person has filed suit for recovery, then he is not precluded from filing a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The pendency of criminal matters would not be an impediment to proceeding with the civil suits.

Hi, I have given a blank undated signed cheque to a person during July last year who has lent me a sum of Rs 1 lac in cash. I have repaid all the amount with in few months. But that person started asking me more money and threatened me of cheque bounce. yesterday he has presented the cheque filling amount Rs 9 lacs and it got dishonored. since i was aware of his intention, i mailed my bank for stop cheque. Now what to do if he files case of cheque bounce

A. Don't worry wait till legal notice from him