cheque bounce

In case of dishonour of a cheque, a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 can be filed.

A criminal complaint under section 138 of Negotiable Instrument Act can be filed. But you need to issue a notice, before filing the said complaint within 30 days from the receipt of the information of dishonour of cheque to the accused. If the accused does not pay the amount within 30 days from the receipt of the notice, you can file complain within one month on the expiry of 30 days period of notice time.

The first thing u have to do is to send a legal notice - so kindly contact a lawyer.

Ido also agree with the opinion of Mr. Raja

Vishnu P. Srivastava Advocate

agree with Mr. RAJA

Cause of action arise for making complaint under Section 138 of the NIA only after the expiry of 15 days of receipt of demand notice and it will not arise on the date of denial of liability. Since the legislature in its wisdom intended that the complaint should be filed within one month from the date of cause of action application of section 5 of the Limitation act was not made applicable.

i am sorry. you are correct. please read as 15 days. thanks.

Dear Mr. Jayakumar,

First You need to send a Notice to Issuer to Honor the commitment. This is mandatory and from the date of Receipt of this notice the Issuer has 15 Days to pay the money otherwise you can file a complaint in JMFC court of suitable Jurisdiction. This complaint has to be within 30 days of the sending of this Notice. If it is beyond that date you need to file a letter for condonation of delay otherwise the Hon'ble court may not accept your case.

Regards,

Vivek

i had given money to my freind for his business purpose for 6month & he given me PDC cheque ...after 6 month when i deposited that cheque in my A/c the cheque get bounce & in memo its appears STOP PAYMENT he cheated me ...can anybody help me wat should i do...n ha 1 more thing i dont have IT return can court ask me for my soure of income???

very defficult to get any relief in time so try to settle personally.

Hi

JSDN

 Can you pls explain if possible ? Do you mean to say if there was a STOP payment put , we cannot resolve the cheque bounce case easily at all ?

I have 5 cheques which are of the same case .

pls advice.

Also can you pls advice of any  lawyers in Bangalore who look into cheque bounce cases related to Real estate

Thanks

you are accused in the case.

Cheque bounce is offence but you can come out of it.

1)      Complainant in over confidence makes mistakes in giving notice, framing pleadings in complaint and documentary evidence.

2)      You can take advantage of these mistakes by timely action and expert cross examination.

3)      Courts can not give decision beyond documents, pleadings and result of cross examination. So accused should be ready and prepared to fight at every step.

4)      You have to be alert from day one once the time slips no body will listen to you.

5)      There is limited scope in revision and appeal to higher courts unless there is basic flaw so be prepared to contest with full efforts at trial stage.

6)      You must take and use not only expert but hard working legal assistance from beginning , normally most people do the reverse and than suffer.

7)      Many people suggest dismissal and quash applications to higher courts , which are not entertained . Once the process is issued you have to face trial. But there are sure and simple methods to come out of any NI 138 case.

8)      If you want to take advantage of our advice please send all the papers at first instance.

9)      You sould engage a local advocate to run the case for regular routine  and we will guide you what steps to be taken at which stage and where.

No I  am the victim  & was given 5 PDC cheques as security but the issuer backed out challenging to take legal action or do whatever possible .

Background

We have several investments but only one site was registered & developer demanded cheques & agreements for all investments when denied, did not give the registration papers for the first registered site as well

I presented the cheques but he had issued STOP payment, so cheques bounced.

We issued notice, he came back saying registered site was to cover all the investments & sent a copy of registered sale deed which is  just for a small amount against invested amount .

pls advice

Dear Sir,

    Two months back the cheque was bounced.. i told to that person, then he said he will give the amount in 30 days... i waited for the amount.. but again he is not responding... what can i do now?? can i file a case on him? on sep 7 the cheque was bounced.. is that cheque valid now to file a case?

Thanks & regards,

Kishore