chandra (software developer) 19 January 2011

check bounce need urgent help

Hi Sir,

I have given my hard earned money to my owner 500000 as a lease amount for some reason i have to move to chennai from banagalore but before moving he gave the the check and stamp paper affadivit that he own my money and he has to give and ahe also said he need it urgently he wil give me in 2 month with interest that s not mentioned in stamp paper now even after more then 3 month he keep on saying he wil give this date and he wil never ever deposite and also check is bounced so many times he said he deposited the money but actually he never did then once again calling so many times he says that some execuse and he wil say he wil deposite some date m totaly frustrated and i dont know what to do :(( i really need some one to help me to get my hard earned money back :((

is there proballit of getting back my money through court and how much time it wil take appox m in urgent need of money and i dont know what to do :(

please some one help me.

-chandra

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6 Replies

(Guest)

please mention when the last check bounced and thereafter you can give notice and afterthat file 138.

first of all clarify the date that your check bounced.consult the good advocate who having expertise in 138 matters .

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 19 January 2011

In continuation to the advice of Kushan, I further advise that you can even file a suit for recovery if the check bounce case cannot be filed due to lapse of time.

chandra (software developer) 19 January 2011

hi raj & kushan,

Thanks for the ur great help the check was bounced 35 days back.

he seems to rich person and deal with the property related bsiness do i have chance to win this??

and can i do the case in chennai is it going to be effective since i have moved to chennnai??

and i have stamp paper also that says he owns the money is it going to help me??

Regards.

Chandra

Radhey (Owner) 21 January 2011

Chandra,

In court,I feel if U won't be able to prove from where U got this much cash (With ITR record) then to tell U the truth,U have very little chance.

Only a few years back , holder of cheque used to be very confident of winning the case under 138 NIA, but today I feel that it is very difficult to file and then win a 138 NIA case.

Here are my findings:-----

1) No money lender license---no recovery of money

https://www.lawyersclubindia.com/forum/Re-Re-NO-LICENCE-Dismissed-cheque-bounce-case-11347.asp

2) Acct. closed/cheque stopped --No NIA 138

https://www.lawyersclubindia.com/experts/Cheque-stopped-Acctt-closed-Can-I-file-138-NIA-or-Order-37-or-both--144146.asp