Dishonaur of cheque

Querist : Anonymous (Querist) 16 February 2010 This query is : Resolved
Dear Sir,One shop keeper return my mony through cheque but it is dishonaur reason insuficient fund.After that he commit me to give payment with in two days but after 5 days gone, he is not responding me and not pick up the phone.Please give me advice how we take action against him

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Guest (Expert) 16 February 2010
On the dishonour of a cheque, one can file a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 ( which is a summary procedure and) can also file a Criminal Complaint u/s 138 of Negotiable Instrument Act for punishment to the signatory of the cheque for haring committed an offence. However, before filing the said complaint a statutory notice is liable to be given to the other party

Parveen Kr. Aggarwal (Expert) 16 February 2010
A person drawing (issuing) a cheque is liable under section 138 of the Negotiable Instruments Act, 1881 only when the cheque is issued against an existing debt or liability. You must ensure that you have sufficient proof of the fact that the cheque was issued by the shop-keeper towards return of your money.

B K Raghavendra Rao (Expert) 16 February 2010
If the shop keeper is liable to pay the money and in lieu of which he has issued you the cheque which has bounced, you have two options -

Civil Action
File a money recovery suit (civil)

Criminal Action
File a cheque bounce case under Section 138 of NI Act within the time limit but after observing the procedure laid down in the Act.

You may pursue both the options simultneously.

adv. rajeev ( rajoo ) (Expert) 16 February 2010
issue notice to him within one month from the date of the receipt of unpaid cheque by giving him a 15days time to make the payment of the cheque amount. If he failed to make the payment then from the date of receipt of notice within one month file a private complaint u/s200 of cr.p.c.r/w sec 138 of NI ACt.
Contact the lawyer.

Sukhija (Expert) 16 February 2010
Rightly adviced by experts above.

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