Bouncing of cheque
Manoharan
(Querist) 06 June 2017
This query is : Resolved
I have given cheque for Rs.1.74 Lakhs on 05.06.17 for booking of a Kalyana Mandapam on 15.09.17 and got the receipt. At the time of payment, they have got my signature in a paper stating that if I cancel or postpone, they will not refund the amt.
Unfortunately, I have expected some amt but the same not credited in my acct. Hence, I told the Mandapam authorities today morning (06.06.17)that they need not present the cheque.
But they told take legal action against me for bouncing of cheque. What I have to do?
P. Venu
(Expert) 07 June 2017
presently, there is no legal debt so that no complaint under NI 138 lies.
Rajendra K Goyal
(Expert) 07 June 2017
You should not have issued cheque when amount was not in your account.
Wait and if notice of dishonor is received, discuss with local lawyer.
Rajkumar Tiwari
(Expert) 09 June 2017
They will send you legal notice before filing case u/s 138, send reply of that notice through an advocate.
Guest
(Expert) 12 June 2017
I also endorse the views of Shri P Venu.
For the present, you don't have any reason to get panicked without getting any legal notice, which is a must to be sent, from the threatening party, if they want to establish their claim on any justifiable ground.
Surrender K Singal
(Expert) 13 June 2017
15.09.17 is still 3 months away ?
Was the cheque post dated...?
Manoharan
(Querist) 15 June 2017
For the function on 14/09 and 15/09/17, I have given cheque on 05/06/17 ie. booked the Mandapam three months in advance.
Guest
(Expert) 15 June 2017
Mr. Manoharan,
If you don't mind, please clarify whether the amount of Rs. 1.74 lakhs were a token amount for booking of the mandapam or the total charge as a rental for two days for the use of mandapam?
Surrender K Singal
(Expert) 15 June 2017
There may not be any cause for the Payee to initiate 138 proceedings as it was only an advance without availing any services / goods for which payer could be liable to pay;
Manoharan
(Querist) 16 June 2017
Thanks for all the experts, who have spared their valuable time in answering my query. The amount of Rs.1.74 lakhs paid by me is full charge as a rental for 2 days for the use of the mandapam.
Now after some effort, they have got Rs.1000/- as cheque return charge and other charges from me. Still they have not returned the bounced cheque given by me and receipt for Rs.1000/- given me on 13.06.17 is not yet given, stating that receipt is pending for President's signature.
