cheque return cases ( Account Payee)
Guest
(Querist) 16 May 2010
This query is : Resolved
A Cheques is returned from the Bank A/c Due to insufficient Balance before 6 Months.
Now The opp. Party is not Paying the Cheque Amt. so how can i make a complaint agianst him.
I dont have any advocate, and can't bear the cost of Advocate due to financial Problem.
I want to Know,
1) Can i File a Complaints against him in cheque return case, by self without any helo of Advocate.
2) What is the Procedure for this?
3) What is the Max. Preiod of the day for Decision on such cases.
4) I want to know How i can file the case in court and which courts.
5) Can i get some sample copy of complaints.
Pls. reply me as soon as possible.
Guest
(Expert) 17 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
KINDLY NOTE THAT.
1.YOU HAVE GOT THE CHEQUE DISHONOURED FROM THE BANK AND SIX MONTHS ARE OVER, HENCE THE CHEQUE IS STALE CHEQUE AND EVEN LIMITATION PERIOD FOR SENDING NOTICE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT IS ALSO OVER.HENCE YOU CAN NOT FILE THE CRIMINAL CASE UNDER SEC.138 OF N.I.ACT.
2.BUT YOU MAY FILE A CIVIL SUIT FOR RECOVERY OF THE AMOUNT OF THE SAID CHEQUE BY ENCLOSING THE SUPPORTING DOCUMENTS OF THE TRANSACTION TO PROVE YOUR CLAIM.
YOU HAVE TO SEND A LEGAL NOTICE DEMANDING THE AMOUNT DUE FROM THE THE OTHER PARTY.
AND AFTER NOTICE PERIOD IS OVER YOU MAY FILE A CIVIL SUIT FOR RECOVERY OF MONEY DUE.BUT KINDLY NOTE THAT COURT FEE WILL BE PAYABLE AS PER THE EXHISTING COURT FEES ACT.
THANKS.
Ashok Yadav
(Expert) 18 May 2010
You have the only option to file a summary suit, under order 37 C.P.C., for recovery of amount, because cheque is more than six months old, and you have not initiate the procedure under sec. 138 N.I. Act on bouncing of cheque.
You cant do it at your own you will have to take help of a professional(Lawyer). Can you act as a dcotor to operate yourself?
If answer is not
Then how you can become a lawyer.
