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pradeep (self employeed)     27 April 2015

Cheque bounce

Done MOU with XYZ partnership firm(Resturant), Where A & B partners.

MOU Period-3months, Paid advance of 10 lakhs. Due to insufficient documents we have cancelled the MOU. They have issued the 10 Lakhs cheque. 

1) Cheque Was bounced. and still 25 days time is there to send notice.

2) Insisting me to take black Money

3) Putting me mental torcher. 

4) Cheating me for the last two months.

Tell me under what sections can I file a case.



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     27 April 2015

You have three options (1) you can file complaint under section 138 of N.I Act (2) can file complaint under section 420 of I.P.C (3)can file recovery suit u/

Advocate Bhartesh goyal (advocate)     27 April 2015

You have three options (1) you can file complaint under section 138 of N.I Act (2) can file complaint under section 420 of I.P.C (3)can file recovery suit u/o 37

Advocate Bhartesh goyal (advocate)     27 April 2015

You have three options (1) you can file complaint under section 138 of N.I Act (2) can file complaint under section 420 of I.P.C (3)can file recovery suit u/o 37

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 April 2015

You can issue notice right-away under Section-138. The notice period under the Section is 15 days. But you say that the due date is 25 days away. Though you may say 15 days in the notice, actually you may wait for 25 days before you take further action. Things will also depend on what response you get for your notice.

Sudhir Kumar, Advocate (Advocate)     30 April 2015

PLEASE CLARIFY

 

  • WHO ISSUED CHEQUE TO WHOM
  • WHY CHEQUE WAS ISSUED
  • WHETHER AUTHOR OF CHEQUE WAS LEGALLY BOUND TO PAY TO THE COMPLAINANT
  • WHETHER NON-PAYMENT WILL END IN JUST CANCELLATION OF CONTRACT

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