Cheque bouncing case
Bhavin Doshi
(Querist) 16 January 2013
This query is : Resolved
Sir i sold Rs.10,47,565/-goods to one customer under the terms 20 days payment.But he divided the amt into 3 parts and and gave me 3 cheques. Sir now all 3 cheques have been dishonoured.And every day he is making false commitments,And business is fully stopped and and my creditors are pressuring me to make the payment.I am planning file the case.So i wanted to know how much time it takes to get the judgement for a court.
Raja
(Expert) 16 January 2013
send a notice calling upon to pay the debt, failing which within the stipulated period file a case u/s138 of N.I.Act, 406,420 IPC, as well as a Money Suite for recovery of money.
Arvind Singh Chauhan
(Expert) 16 January 2013
Don't waste time take help of lawyer and issue notices otherwise it may be time barred.
Bhavin Doshi
(Querist) 17 January 2013
Sir 1 yearnwould too much for me because my whole business is been paralysed and after i get this money then only i can start my business.And another thing what all documents or evidence is been required to win the case.
Anirudh
(Expert) 17 January 2013
I am damn sure that the period for giving notice u/s. 138 might well have been already lapsed, in the way the querist is simply discussing things here instead of initiating proceedings.
H.M.Patnaik
(Expert) 17 January 2013
Immediately consult an experienced local lawyer to initiate legal action without further loss of time since your business activity is at stake.
Bhavin Doshi
(Querist) 17 January 2013
Anirudh sir time has not been lapesd.Its just 12 days before his cheque has been bounced.
ajay sethi
(Expert) 17 January 2013
better file a summary suit in respect of goods sold and delivered
Anirudh
(Expert) 17 January 2013
Then issue notices u/s. 138 within time.
If amount not received, file complaints u/s. 138 within time.
Also file a separate summary suits under Order 37 for recovery of the money.
Raj Kumar Makkad
(Expert) 18 January 2013
You can not only file criminal case under section 138 NI Act but can also file a suit for recovery and both these proceedings can run simultaneously.
Bhavin Doshi
(Querist) 21 January 2013
Sir i had send him the 15 days legal notice by speed post but he has not received and the notice is been delivered at my place.so now what should i do.Pls help me.
ajay sethi
(Expert) 21 January 2013
what is postal intimation on AD card ? is it refused? then its proper service and you can file case
Bhavin Doshi
(Querist) 21 January 2013
Door locked and i also contacted speed post and they also me today they will resend it once again.
H.M.Patnaik
(Expert) 21 January 2013
As advised by experts above ,your duty is to organise sending of a Pleader's notice through Regd. post to the defaulting customer and in case the same is returned undelivered, for the purpose of initiating suitable legal proceeding . However, your advised to check back whether the postal address of the party is correct and in case he has changed his address in the meanwhile it is in your interest to inform the new address to the court during pendency of the proceedings to ensure proper service of the court's notice.
H.M.Patnaik
(Expert) 21 January 2013
As advised by experts above ,your duty is to organise sending of a Pleader's notice through Regd. post to the defaulting customer and in case the same is returned undelivered, it is sufficient for the purpose of initiating suitable legal proceeding . However, your advised to check back whether the postal address of the party is correct and in case he has changed his address in the meanwhile it is in your interest to inform the new address to the court during pendency of the proceedings to ensure proper service of the court's notice.
Bhavin Doshi
(Querist) 21 January 2013
Nope he has not changed his address.He is purposely not accepting the letter.Infact in telephonic conversation he also told me that i have have send him the notice.
Raj Kumar Makkad
(Expert) 21 January 2013
In the given case, the notice shall be treated as sent to the recipient follow further course of action already told to you.
