Cheque bounced

zamon zeb (Querist) 19 February 2012 This query is : Resolved
hi..dear all

i am a freelance designer & printing professional

case is i had done some designing and printing for one of my clients, he promised me payments against delivery... and now i delivered his material he gave me cheque for the same and it got bounced...and after so many calls and texts he is not responding and giving my dues. what action i can take against him, we had no written contract or deal or purchase order...but i have a record of continious mails and his samples & half of of goods with me...as i have invested 28ks in it... he is not responding at all...what should i do...or what i can do...to curb him and get my dues paid...

thanx
zamon

zamon.zeb@gmail.com

Follow Query

Report Abuse

Kiran Kumar (Expert) 19 February 2012
you had a remedy under S.138 Negotiable Instruments Act.

make sure you need to prove it as a legally enforceable debt out of a business transaction.

We dont know when this particular cheque bounced...better visit some local lawyer for quick action.

otherwise you also have a remedy under civil law for recovery of the amount by way of civil suit.

Guest (Expert) 19 February 2012
First step is to give notice . You immediately issue notice within 30 days from the receipt of the information of dishonour of cheque.
As per NEGOTIABLE INSTRUMENT ACT, 1881.,complaint is to be filed within one month on the expiry of 30 days period of notice.
Step to remember;
1- Notice should be given to the payer within 1 month of the dishonor of the cheque.
2- After notice, 15 days should be given to the payer for payment.
3- If the payment is not made within 15 days by a payer, a complaint can be filed in the court with in one month after the 15 days notice period.

Rajeev Kumar (Expert) 20 February 2012
Agree with expert

V R SHROFF (Expert) 22 February 2012
Very smple. Send notice u/s 138 thru your Advocate within 30 days of chq return memo. for demand.
If he don't pay within 15 days, lodge complaint c JMFC.

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