Dishonour of cheque
Saurabh
(Querist) 16 December 2016
This query is : Resolved
I was given 2 cheques of one lakh each by director of company on behalf of company as company owed to me thiteen lakhs as my commission for working as C&f agent. Both have bounced , i have filed case us 138,142 etc. There were 3 director s at that time in co. can rest also be accused. Can this matter be used to get remaining amount pending or what is a better way to get remaining amount as there is no response from other side
J K Agrawal
(Expert) 17 December 2016
To rcover amount, you should file a civil suit.
In 138 all the directors are liable.
138 is not meant to get back the money. It meant to punish offender. It is upon mercy of court that it provide to you the imposed fine amount.
Rajendra K Goyal
(Expert) 17 December 2016
Repeated query, no reply:
http://www.lawyersclubindia.com/experts/Dishonour-of-cheque-625976.asp
Surrender K Singal
(Expert) 17 December 2016
Penalty can be twice the amount of bounced cheque. For full recovery, civil suit u/O.XXXVII may be considered for quicker relief with all admissions of your claim / dues, that is owed by the defaulter; Pressure of conviction and sentence of jail term may force the defaulter to settle your account for withdrawal of this complaint u/s 138 NIA. You have to make efforts to get summons served on the defaulters in the 138 case;
