cheque bounce

raj kiran (Querist) 29 June 2011 This query is : Resolved
two of my friends have given a friendly loan in cash to a known person.instead of that he gave them a post dated account payee cheque.later on it got bounced.we contacted the person he asked us to redeposit the same after one month.again it got bounced.we finally consulted an advocate and even send him a legal notice.after 15 days he didnt replied to that notice.we are now filing a case against him.what are the chances of getting the money back.

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A V Vishal (Expert) 29 June 2011
What is the evidence of giving the loan viz. do you have any promissory note etc... to prove that the loan was indeed given. However, u/s.139, Presumption in favour of holder It shall be presumed, unless the Contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, or any debt or other liability].

raj kiran (Querist) 29 June 2011
no i h=dont have such things.to clear his liability he gave those cheque as a proof.as he was a friendly person so we didnt ask for anything else

raj kiran (Querist) 29 June 2011
is there any way out to get the money back.

DEFENSE ADVOCATE.-firmaction@g (Expert) 29 June 2011
You have to prove legal liability.

Guest (Expert) 29 June 2011
You have got the cheque. issued legal notice. whether he replied or not. if not you have got a prima facie case in your favour. moreover regarding the transaction prove by oral evidence.

prashant pundhir (Expert) 30 June 2011
The cheque bounce cases comes under 138 negotiable instrumentation act .Under this act,there is not any procedure for compelling the person for returning the money .But only the punishment for the offence made .
So do not think that via criminal case,you can take the money back from him .However you can create pressure on him for compromise .
Also file recovery suit or what so ever in civil for recovering your money .

kranthi ramana (Expert) 01 July 2011
basing on the evidence you adduce in the court your chances of getting money is based.

the another important thing i want to make it clear that under N.I. act the criminal court will only punish the accused for his offence and this is the motive of criminal law and compulsory recovery of money under this act is not possible

for recovery of money u have to file suit for recovery of money in civil court

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