Cheque bounce
Munish Kumar
(Querist) 29 June 2018
This query is : Resolved
I GAVE 3.5 LAKH TO OUR RELATIVE AGAINST TWO CHEQUES OF 1 LAKH AND 2.5 LAKH RESPECTIVELY.
YESTERDAY CHEQUE OF 1 LAKH HAS BOUNCED AND TODAY I GOT CHEQUE WITH ACKNOWLEDGEMENT FROM BANK.
NOW KINDLY TELL ME WHAT LEGAL STEP SHOULD I TAKE FOR THIS.
THANKS IN ADVANCE.
Guest
(Expert) 29 June 2018
Better you presnt the other cheque of Rs 2,5 lakh also immediately.
Guest
(Expert) 29 June 2018
Depending on its fate you could file a criminal case under Sec 138 for both the cheques bounced.
Guest
(Expert) 29 June 2018
Discuss and appoint a local Advocate in the concerned Court.
Munish Kumar
(Querist) 29 June 2018
SIR CHEQUE OF 2.5 LAKH HAS DATE OF 20.07.18 ON IT AND IT ALSO HAVE A MISTAKE IN ITS WORDING
CHEQUE IS OF 2.5 LAKH BUT WRITTEN WORDS ARE TWO LAKH FIFTY ONLY.
Advocate Bhartesh goyal
(Expert) 29 June 2018
Issue notice within 30 days from the date of dishonour of cheque and demand cheque amount,if notice is not complied within 15 days period of it's receipt ,then file complaint u/s 138 of N.I.Act before court having jurisdiction.
Mohd Musabbir Ansari
(Expert) 29 June 2018
Dear Manish
As per your query, you gave a friendly loan of Rs. 3.5 lac to your relative. So in the discharge of dues, your relative issued you two cheques. One cheque is being bounced. other has a due date for encashment.
Now We would like to advise as follows:
1. you must issue a Legal Notice through your advocate to your relative. Purpose of Notice is intimation about dishonour of cheque to your relative and demand of cheque amount. Sending of Notice is necessary before filing a case in Court. If you fail to issue notice within statutory time, you can not go to court for recovery of cheque amount.
2. You have to serve the notice within 30 days from the date of cheque bounce.
3. So far as the second cheque is concerned, the law is very much clear where cheque amount detail differs in numbers and words. In that case, amount filled in words will be accepted by the court. you can not demand the amount this cheque right now because it has the due date. before the due date, you can not present this cheque for encashment in the bank. Further, you can not demand the amount of this cheque before the due date.
So, my humble opinion to you is that send a legal notice to your relative and asked him to pay you cheque amount of bounce cheque within 15 days.
Munish Kumar
(Querist) 29 June 2018
Thanks Mohd. Musabbir Ansari Sir....
Please tell me if phone recordings are enough for my case as i dont have any other proof of money given.
Ms.Usha Kapoor
(Expert) 30 June 2018
\Agree with Mohd musabbir ansari.
Sudhir Kumar, Advocate
(Expert) 30 June 2018
agreed with experts above but for future take notice that
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.
Such loan is taken by a person:-
(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.
(ii) who cannot raise bank loan because :-
Either
he himself is not creditworthy
Or
the purpose for which he seeks loan is illegal
or
the purpose for which he seeks loan is not at all commercially viable.
(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.
So he has to find someone who can part with his money. So he finds a lender near him (friend or relative)
Such loans are given by the persons :-
(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.
Such loans are always given
(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations
Soon after giving such loan :-
(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persuasion is socially criticised.
Ms.Usha Kapoor
(Expert) 01 July 2018
Agree with Mohd Musabbir ansari and Sudhir kumar.
