Cheaque Bounce, need to Sue the person !
Kumar
(Querist) 06 May 2011
This query is : Resolved
My Name is Kumar am @ Ahmadabad, memnagar - 380052,
I gave 25k to one person(named:A) here, and as security i got 1) Letter of receipt of money gave in One rupee revenue stamp with attested signature of person:A, 2) Two Cheque's stating the amount(25k) in two different dates of different account's of his friends (persons named B and C)! "Cheque bounce" done in below month and can u give me suggestion for recovery of my money ! Am requiring an immediate action and recovery!
My situation: Yesterday(05/May/2011) onwards person-A vanished and their friends (B & C) told we are searching him only ! I think their friends gaming me!
1) Can i Sue the person B & C (who gave the cheque's,
both are working in reputed companies)
2) With the revenue stamp letter "Is there any use"
Kindly help in this issue as Immediately! Thanks in advance!
3) Is there any possibility of getting my money back!
4) Kindly reply the format for filing FIR and points to mention! send a rough draft of the same! thanks
From B --> I got cheque bounce from the bank and from C --> I got Self cheque both are different dates and B'cheque returned to me because of "No-Bal" & C's self cheque same "No balance", in both bank's they wrote the transaction id's!
Note: I welcome any Lawyers available to guide me to this with fees, Kindly provide your contact number in mail or reply message, will call you (kksenthilkumar79@gmail.com)!
Parveen Kr. Aggarwal
(Expert) 06 May 2011
You can initiate proceedings under section 138 of the N. I. Act against B and C.
abhay dholakiya
(Expert) 06 May 2011
i am agree with Mr Aggrwal you should also complain 406,420 of IPC for Fraud and cheating but 138 is more preferable
PARTHA P BORBORA
(Expert) 06 May 2011
diposit the cheques in the banks. if there is sfficient ammount in the bank just withdrow the amount and if there is no sufficient ammount, just bounce the cheques and file a case under Section 138 of N I Act. you will get your money back. But first consult the matter with a local crminal lawyer.
Guest
(Expert) 07 May 2011
You have not mentioned whether you presented cheques in the bank or not and whether those chques have been dishonoured on account of shortage of funds or not?
NOTTAM VENKATASAMY
(Expert) 10 May 2011
FIRST YOU PRESENT THE CHEQUE AND KNOW THE POSITION OF THE SAID CHEQUE INCASE THE SAID TWO CHEQUES ARE BOUNCED YOU IMMEDIATELY PROCEED THE 138 OF THE NI ACT. FIRST YOU GIVE THE DEMAND NOTICE WITH 15 DAYS PERIOD TIME TO THE ACCUSED, THEN WITH IN 30 DAYS YOU CAN FILE A COMPLAINT BEFORE THE JUDICIAL MAGISTRATE THIS IS THE PROCEDURE.
