How to recover cheque bounce amount
Yogesh
(Querist) 15 September 2011
This query is : Resolved
Hi Please can anyone help me.
One of my friend took 2Lakhs money from me. He showed one property
(site 30X40) and told me that he’ll buy that for me(as a mediator) .
As he is my friend I believed him and gave 2 Lakh but later he didn’t
buy it. He cheated me. He used my money for himself and after asking
he gave me two post dated cheques which are get bounced later. Now I
lodged case/compliant against him in court. But he don’t have any
property or anything. Also he will not work/earn. In this situation
how can I recover my money from him, If he ready to go jail also.
Please help
Advocate. Arunagiri
(Expert) 15 September 2011
If he is not ready to pay the money, if ordered by the court in cheque bounce case, he will go to jail.
Advocate Rajkumarlaxman
(Expert) 15 September 2011
THE AMOUNT WILL BE RECOVERED FROM HIS SERVICES RENDERED IN JAIL AND GIVEN TO YOU. SO LET HIM GO TO JAIL FIRST. FOR 2 LAKHS HE WILL NOT GO TO JAIL. HE WILL PAY IT TO YOU. FIRST TAKE ORDERS YOU HAVE MANY ALTERNATIVES TO RECOVER THE AMOUNT.
Advocate M.Bhadra
(Expert) 15 September 2011
As per provision fo Negotaable Instrument Act that the accused to be punished for imprisoment of extended to two years or penalty two times of cheque amount or both.in your case if the accused person unable to pay penalty he shall be punished for imprisonment.
prabhakar singh
(Expert) 15 September 2011
yeah! first concentrate on his conviction then on recovery.
Raj Kumar Makkad
(Expert) 15 September 2011
Apart from ongoing criminal case, you can also file a suit for recovery which shall further enhance burden upon him.
Guest
(Expert) 15 September 2011
I agree with experts.
girish shringi
(Expert) 16 September 2011
I do agree with the experts.
Yogesh
(Querist) 07 January 2018
Hi,
Judgement came as
cheque 1 :
"The accused is sentenced to pay fine of RS. 1,45,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.1,44,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate".
cheque 2 :
"The accused is sentenced to pay fine of RS. 35,000 /- and in default to undergo SI for 9 months. Out of fine amount RS.34,000 /- shall be paid to the complaint as compensation U/s 357 Cr.P.C. The fine amount shall be recovered from the accused personally and from his estate".
Questions:
1. will total simple imprisonment become 9 + 9 = 18 months or it is 9 months only?
2. I did not filed civil case/suit earlier (Actually, my lawyer cheated me he didn't told me that we need to file civil case also. so i didn't file.) . Now after judgement if convict go to prison. then how can i recover my compensation amount?
3. wil it benefit, if i go appeal in session court regarding increasing punishment/imprisonment
4. what should be my next step?
Please anyone suggest me.
