Cheque given after one month of delivery of training?
Querist :
Anonymous
(Querist) 10 January 2011
This query is : Resolved
I use to deliver tuition to students of Maths.One of my student left attending my classes one month ago without paying my fees.
On continuous pursual he issued me a cheque of current date which bounced.
Now there is gap of one month between delivery of services and issuing of cheque for that liability.
Can file a case,would not this fact go against me in the court that why he issued a cheque after a gap of one month,if he was not willing to pay etc. or some other technical fault may hinder my way of recovery or not?
Please guide for civil and criminal both options.
Amit Minocha
(Expert) 10 January 2011
represent cheque in bank and on re return issue a legal notice u/s 138 NIA and also file a recovery suit under order XXXVII also, since the cheque is valid for 6 months from date on it , no question would be put to you, you have every right to present as per your choice within limitation. amitminocha@yahoo.com
R.Ramachandran
(Expert) 10 January 2011
The gap between leaving the training and giving the cheque has no relevance. What is relevance is you have to issue the statutory notice within the stipulated time from the date of receipt of the bank's memo returning the cheque.
Advocate Bhartesh goyal
(Expert) 11 January 2011
It's hardly matter when the cheque was given to you,Main thing is that the cheque should have been issued against the legally enforceable debt or liability.In case cheque bounces you may initiate proceedings under sec 138 of N.I.Act and simultaneously may file civil suit for recovery of cheque amount.
Ajay Bansal
(Expert) 11 January 2011
Agreed with aforesaid views.
malipeddi jaggarao
(Expert) 11 January 2011
Well advised by all the experts.
But what is the amount of dues? Instead of taking action on bouncing of cheque, can you not sort out the matter with the parents of the student? Are you really interested to exercise your right of law and see your student as a criminal by sealing his bright future for the dues of one month's tution fee? Whether the non-payment is willful or anything else? However, option is yours. You have a strong case!
malipeddi jaggarao
(Expert) 11 January 2011
Yes, If your student is minor, he is not liable either under civil or criminal law.
