Cheque bounce

Querist : Anonymous (Querist) 16 November 2009 This query is : Resolved
Hi,

The refund cheque given by the apartment builder for the cancellation of the booking of the flat has bounced for the reason mentioned as "exceeds arrangement". Please let me know what is the legal action that I can take now.

Thanks

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Manish Singh (Expert) 16 November 2009
issue a legal notice within 30 days from the date of receipt of the notice of dishonour of cheque from the bank. then after the expiry of 15 days from the date of receipt of the said legal notice by the issuer of the cheque, within 30 days you can file a complaint to the criminal court.

Kiran Kumar (Expert) 16 November 2009
the offence under S.138 of Negotiable Instruments is made out.

take help of local lawyer for sending legal notice and for further litigation.

A V Vishal (Expert) 16 November 2009
Both my learned friends have aptly advised you, please follow their advise.

adv. rajeev ( rajoo ) (Expert) 16 November 2009
yOU CAN file a complaint u/s 200 of Cr.P.C. r/w sec 138 of NI Act.
You have received bounced cheque so issue a legal notice to the builder within 30 days from the date of receipt of the returned cheque.
Give him 15 days from the date of receipt of your legal notice.
After receipt of your notice if he failed to make the payment then after the 16th days within one month you can file a complaint.

Raj Kumar Makkad (Expert) 16 November 2009
Immediately serve the notice to make payment within 15 days of receipt of the notice an =d on his failure file crminal complaint before Ilaka Magistrate through your counsel.

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