Cheque bounce

Querist : Anonymous (Querist) 08 January 2012 This query is : Resolved
Dear Sir/Madam,

I was made a payment by a buyer in cheque. Unfortunately the cheque got bounced and could not be cleared for insufficient payment.
The cheque was issued dated 20th May 2011. I have sent numerous reminders to the buyer and although some payment has been made but the entire amount is still not made. The buyer is as of lately not responding to my calls.
My question is can I approach the police and court with a case of cheque bouncing. Is there any time bound limit to present a bounce cheque complaint.
Do please advise me.
Regards

Follow Query

Report Abuse

Devajyoti Barman (Expert) 08 January 2012
For cheque bouncing cases you need to do the following things firsts.-
1. Issue notice of payment demand within 1 month from the receipt of intimation from Bank of its dishonour 15 days .
2. Mention 15 days time to make repayment.
3. After lapse of that 15 days time, you are required to file case u/s 138 NI Act within the next 1 month.

If these conditions can be fulfilled then file such case.
Else you have to file a civil case for recovery of money or criminal case of cheating.

ajay sethi (Expert) 08 January 2012
1)the cheque is dated 20th May 2011 . the validity of cheque is for period of 6 months .
2) since the buyer has already made part payment against dishonoured cheque you cannot file complaint under section 138 of NI

3) your only option is to file summary suit under order XXXVII of CPC

Raj Kumar Makkad (Expert) 08 January 2012
In the given facts, you cannot file a complaint under the provisions of negotiable Instruments Act or even cannot make a police complaint but you can file a civil suit for the recovery of your balance amount and this bounced cheque supported with your account statements/bills/vouchers pertaining to the opposite party shall be helpful.

M/s. Y-not legal services (Expert) 08 January 2012
rightly advised by experts.,

in which mode he made part payment to you sir?

-tom-

V R SHROFF (Expert) 08 January 2012
n i act 138 & redepositing chq is out of Q.

Can lodge police comp u/s 420.
also claim recovery of money in civil suit.

prabhakar singh (Expert) 08 January 2012
As the cheque was issued by a buyer,may be prospective,you failed to tell,repudiate the contract,by service of a notice on him.Visit a local civil law lawyer.

Shonee Kapoor (Expert) 08 January 2012
Nothing more to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries