Guruprasad (doctor) 12 June 2015

Legel guidance required in cheque bounce

Dear Experts,

I have given money to one person for trading. he has promised some amount & he gave post dated cheques of different intervals.Total having 20 leaves of different dates & denomination. I have his address proof. I do not have any other agreement other than post dated cheques.

Now that man is absconding & phone is switched off.

I request the experts to guide me in this

I m in bangalore & he is from delhi. Now where should I file the case?

Will I get the amont of total cheques or what I paid to him

How many days usually it takes to get the judgement.

If he is absconding how to proceed legally in this matter.

Seeking Experts opinion on this

Thanking in advance.

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9 Replies

saravanan s (legal advisor) 12 June 2015

only if you have proofs for the money lent to him you can file a case under 138 nia because there must be some liability over which the person had issued the cheque.138 nia can only be filed at the place where the cheque was dishonoured

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 13 June 2015

Sir, File a police complaint in Delhi and present the cheque and get the them bounced .... So that u can file a police complaint against them .... If the person is in Delhi contact me and I will see what best can be done yo get your money back.... Warm Regards Kapil Chandna Adv 9899011450

rajuchowdappa 13 June 2015

Mr.Guruparasd I am practicing advocate in Bangalore. So, Better contact me 9738465552.

Guruprasad (doctor) 13 June 2015

I have transfered money to his account through neft is it the proof enough to file the case

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 June 2015

Yes your transfer through NEFT is proof enough. You present the cheque in your Bank at Bangalore for collection. According to the latest amendment to the Act Bangalore court will have territorial jurisdiction. If you feel so you can contact the Bangalore lawyer.

Mani (SA) 15 June 2015

Again the same issue I face... the party is absconding. Even I didnt get any solid information about how we can proceed with 138 section, if the cheque issuer is absconding.

Can anyone plz answer this?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 16 June 2015

You present your cheque in your Bank in Bangalore. If the cheque gets bounced immediately you contact your lawyer in Bangalore. Some lawyers have already offered their services. The lawyer will advise you how to proceed further. Usually you will have to send notice for payment of the amount to the drawer of the cheque to his last known address within 15 days. If the addressee is not traceable your notice will get returned. In another 15 or 30 days you file your case in the court again with his last known address. If the court summons get returned you can give notice to the party through an advertisement. If he still does not respond, the court can order the police to trace him.

Guruprasad (doctor) 16 June 2015

I am ready to file the case. Now the problem is the person is absconding. I have his passport copy & recent gas bill. So how to find him?? If we cant find him will I loose the case??

What is the next procedure for that