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Cheque bounce

(Querist) 02 July 2012 This query is : Resolved 
hello sir,
i have given rs.50,000 to a person.Then he had given me a cheque of rs.50,000. this had been done 6 months ago.
now i have presented the cheque in bank, it has been bounced because there is no sufficient balance in his account.
now how should i take action on him. i dont have any other evidence except the cheque which he had given. i gave the money to him without any interest. based on which section i should take action on him?
Global Legist (Expert) 02 July 2012

Hello,

Firstly, ask him verbally and via an email/letter to give your money back.

If, he do not respond or repay, immediately issue a legal notice.

If, he still fails to pay your money back proceed with civil and criminal proceedings.

You have to proceed under Section 138 of NI ACT.

The said cheque and the slip issued by the bank in regard of cheque bounce is sufficient to file a case.

With Regards

Global Legist
Advocates and Legal Consultants
+91 9873400403
info@globallegist.com
www.globallegist.com
H. S. Thukral (Expert) 02 July 2012
proceed under section 138 of NI Act. Consult a local lawyer. A demand notice is to be issued with in time limit so hurry up. Don't indulge in verbal talks or verbal assurances. E-mail will constitute a notice of demand. Don't send e-mail without consulting a lawyer.


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