amolpatekar 25 April 2015

Cheque bounce

I have sent a legal notice to the person for 2 cheque bounce case. The reason for the cheque bounce is different for 2 cases. The person didnt accept the notices. It is now around 15 days have gone by. My questions here are

a) Which way is better is it section 138 or receovery suit in terms of time and cost involved

b) can i file 138 now and recovery case later after 3 months

c) What is the court fees , other thing are involved in both types. I feel that section 138 is less costly

d) The person is in pune and I am from another city Ahmednagar, can i file recovery suit in Ahmednagar

e) How much time section 138 and recovery suit takes for the result

f) What is the punichsment under section 138 and receovery suit. I just want my money. The person doesnt seems to have money so what will happen in that case. What court will do ?

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4 Replies

Hardeep (Business) 25 April 2015

S. 138 is shorter and perhaps less expensive.

presently, suit has to be filed in area of the Cheque's Bank.

if no money, punishment is imprisonment to a maaximum as given in s 138 - I think it is five years...

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 25 April 2015

THERE IS NO FIX FORMAT OF SENDING A NOTICE UNDER NEGOTIABLE INSTRUMENT ACT.THE MAIN CONTENTS SHOULD BE WHAT IS UR TRANSACTION N THE MOST IMP INGREDIENT OF NOTICE IS DEMAND OF MONEY WITH A TIME FRAME OF 15 DAYS.
AFTER EXPIRY OF 15 DAYS FROM DATE OF RECEIVING NOTICE THE CAUSE OF ACTION FOR SECTION 138 ARISES.AND U R ELIGIBLE TO FILE A CASE WITHIN 1 MONTH FROM EXPIRY OF 15 DAYS.
U SHOULD SEND NOTICE BY REG.POST N u.p.c {UNDER POSTAL CERTIFICATE}.
THERE IS NO NEED OF LAWYER FOR SENDING ANY NOTICE TO THE DEFAULTER U CAN SEND HIM NOTICE DIRECTLY

amolpatekar 26 April 2015

Thanks hardeepji and ramcharyji, How muxh time does usually 138 case or recovery suit ; can i file section 138 now and recovery suiit after 3 month ; what is timwframe to lodge recovery suit after nptice is returned undelivered