cheque bounce

sumit virmani (Querist) 21 January 2010 This query is : Resolved
Dear Friends

HI! I AM A FINANCIAL CONSULTANT AND DEALS WITH MANY OTHER CONSULTANTS OF MY TRADE . ONE OF THOSE WAS SUPPOSE TO GIVE ME SOME COMMISSION FOR THE BUSINESS I SOURCED FOR HIS COMPANY . FOR WHICH HE MADE THE PAYMENT TO ME BY CHEQUES WHICH GOT BOUNCED. SO PLEASE SUGGEST HOW TO RECOVER MY DUES. I AM IN GREAT NEED OF MONEY. YOUR EARLY RESPONSE WILL HELP ME IN COMING OUT OF THIS SITUATION.

THANKS AND REGARDS
SUMIT VIRMANI

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bhupender sharma (Expert) 21 January 2010
if there exist any documents to this effect that they have to give u commission in this respect and there is ackoledgement of the same to that effect then the same can be recovered form the person otherwise not.

Arvind Singh Chauhan (Expert) 21 January 2010
you didn't mention the date of bouncing of cheque.

Guest (Expert) 21 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE DISHONOUR CASE KINDLY NOTE THAT

1.YOU HAVE TO SEND A LEGAL NOTICE TO THE DRAWER OF CHEQUE AT HIS LAST KNOWN ADDRESS BY REGD.POST A.D.;YOU HAVE TO MENTION CHEQUE NO.DATE AND AMOUNT NAME OF BANK AND ALSO NAME OF BANK WHERE IT WAS DEPOSITED.AND DATE OF DISHONOUR AND DEMAND THE REPAYMENT OF CHEQUE AMOUNT WITHIN 15 DAYS OF SERVICE OF NOTICE.KINDLY NOTE THAT YOU HAVE TO MENTION THE LEGALY ENFORCEABLE DEBT AND TRANSACTION AGAINST WHICH CHEQUE WAS GIVEN.
2.YOU SHOULD FILE A CASE UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT WITHIN ONE MONTH FROM THE DATE OF NOTICE PERIOD OF 15 DAYS AFTER SERVICE OF NOTICE IS OVER.
IT IS A MUST ORELSE CASE MAY FACE PROBLEMS.

3 IN CASE YOU NEED ANY FURTHER HELP OR INFORMATION YOU MAY WRITE OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU .
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Sukhija (Expert) 22 January 2010
u have to file complaint u/s 138 NI Act, consult lawyer first and proceed.

Adinath@Avinash Patil (Expert) 22 January 2010
IF CHEQUE IS FOR YOUR COMMISSION FEES AND IF THERE IS ANY DOCUMENTS REGARDING YOUR COMMISSION YOU CAN FILE COMPLAINT U/S 138 OF N.I. ACT. YOU CAN ALSO FILE CIVIL SUIT FOR RECOVER OF CHEQUE AMOUNT.

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