Cheq bounce
Theresa
(Querist) 17 November 2014
This query is : Resolved
Hi experts ,here is my quiry pls help to suggest.
i had sold my hospital equipments to a person and he had issued a cheq to me and it boounsed back....
person is rejecting to pay and saying to take action against him as the case will go on for a year so that he can pay back.
I have 100 rs stamp paper written by his own handwriting that the material is good in conditions and checq number issued.
We had sent the legal notice and this is refused now my lawyer had informed 15 days to wait for the response after which the case to be filled against him
How long does this go on? .....I am having sleepless nights ......if he ignores summons from court what will happen next? is it nessosary to file acase against him after his rejection of first notice? thought to give police complaint ....pls suggest
M.Sheik Mohammed Ali
(Expert) 17 November 2014
where are you from ?
you should wait minimum 15 days from issued notice after that file case before court.
Anirudh
(Expert) 17 November 2014
1. Police have no role to play.
2. If the cheque has bounced and you have received the intimation, you have to send the legal notice.
3. You say the legal notice was 'refused'. It is not clear whether the legal notice was received back with the postal remarks "refused" or you say that it is refused. If you say it is refused - what do you mean.
4. If there is postal remark "refused" on the envelope in which the legal notice was sent, then such "refusal" would be deemed to be a service of the notice on the person who has issued the cheque to you.
5. On the basis of the "refusal", AFTER 15 DAYS OF RECEIPT BACK OF THE LETTER BY YOU (OR YOUR LAWYER), a complaint can be lodged u/s. 138 N.I. Act has to be lodged before the Magistrate under whose jurisdiction the drawer bank is located.
Advocate M.Bhadra
(Expert) 17 November 2014
Duration of process may vary from Court to Court state to State,it is seem to dispose off the case will take 2-3 years.Police complaint is not require in cheque bounce case.In the mean time if the accused would pay the entire amount then it may be compounded and case may be closed.
Dr R SHANMUGA SUNDARAMM
(Expert) 18 November 2014
Recent Supreme Court Judgement is there for Cheque Case. The case have to be completed with in 3 month of time. you can refer below link.
http://judis.nic.in/supremecourt/imgs1.aspx?filename=41436
ajay sethi
(Expert) 18 November 2014
better file summary suit to recovery your money
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
Eexpert Mr. Shanmugam Sundaram, practically it is not possible to follow the supreme court guidelines by any sub ordinate court in India due to the various aspects like, over burden, paucity of judicial officers, staff, boycotts by advocates, non-cooperation by advocates/parties, etc. Hence a cheque bounce may take a minimum of one year for disposal in the normal circumstances. The author is advised to file a money recovery suit simultaneously.
Theresa
(Querist) 20 November 2014
Hi Anirudh ,
Thnaks for your advice.
legal notice was received back with the postal remarks "refused"
4.there is postal remark "refused" on the envelope in which the legal notice was sent,
I am planning to file a civil suit also will this help ?
Theresa
(Querist) 20 November 2014
Mr Bhadra and Mohammad,
I belong to Karnataka state and Bangalore city
Thanks
Theresa
(Querist) 20 November 2014
Hi Mr Shanmuga,
Cheque date is Sep-15-2014 and I have time till Dec-15-2014 I shall be filing a case on 28th Nov as it is 15 days from the refusal date is this is right ?
Theresa
(Querist) 20 November 2014
Thnaks Mr Ajay :)
