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venkat   16 October 2017

How to proceed on a check bounce

Hi Experts,

I have given money( 3 lakhs) to a person in February 2017 with the an emial confimation that it will be returned in 2 weeks.

Out of 3 laksh he has given back 50 thousands. When apporached for remaing money several times he is delaying and keep on postphoing the dates.

last month he has given a post dated cheque of this month( October)

I have not yet deposited the cheque. Incase if the cheque bounces how could I take legal action againt him.

Thanks in Advance,

 



Learning

 6 Replies

Gopal Verma Advocate-on-Record (Advocate-on-Record)     16 October 2017

The only available is to send a legal notice through lawyer and if he do not settle the account file a criminal case against him/her. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases. SHRI GOPAL VERMA ADVOCATE ON RECORD SUPREME COURT OF INDIA PH-9810090507

Gopal Verma Advocate-on-Record (Advocate-on-Record)     16 October 2017

The only option available is to send a legal notice through lawyer and if he do not settle the account file a criminal case against him/her. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases. SHRI GOPAL VERMA ADVOCATE ON RECORD SUPREME COURT OF INDIA PH-9810090507

venkat   16 October 2017

Thanks for the quick reply sir.

One thing I want to know about "legal notice". This should be sent before the cheque is actually bounced OR after the cheque bounced.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 October 2017

intimate your party for presentation of the cheque and send it the bank for presentation. If it is bounced, you can file criminal case on the party within the 15 days of date of cheque bounced. 

Gopal Verma Advocate-on-Record (Advocate-on-Record)     16 October 2017

After the cheque is bounced.


SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
PH-9810090507

venkat   16 October 2017

Thank You All, for your suggestions / help.


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