Not getting money back

Pinaki bhattacharya (Querist) 11 June 2013 This query is : Resolved
Dear sirs,

I have given some money to one person who was working as a vendor in my company . now he is delaying the payment since last four month and avoiding facing me or taking my calls. he has given me cheque of the same amount form his personal account which is not getting encahsed due to fund insufficient problem . The amount is INR 13000. what should i do ??

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Khaleel Ahmed Mohammed (Expert) 11 June 2013
Issue a legal notice, and proceed action 138 section of NRI act through your local advocate.

Rajendra K Goyal (Expert) 11 June 2013
Issue notice within the time and file case under section 138 of NIA.

V R SHROFF (Expert) 11 June 2013
No other remedy at present do as advised. get chq rebounced, and send demand notice u/s 138, and lodge complaint in Magistrate / jmfc Court.

R.K Nanda (Expert) 11 June 2013
agree with experts.

Pinaki bhattacharya (Querist) 12 June 2013
dear sirs,

I have no other documented proof than the cheque and the cheque is a bearer cheque . should Law will consider this as a legal proof??

Rajendra K Goyal (Expert) 12 June 2013
If the cheque was deposited for collection , was presented through your account and dishonored, send the notice.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 June 2013
This is small amount , be political and try to get it back even in small small parcels.

If you go to court you will spend more money and time and no assurance of results.

Raj Kumar Makkad (Expert) 12 June 2013
This is a criminal case and even if the amount of the cheque is small, the accused shall have to come to you and at that time, you may recover entire amount including the amount incurred on litigation.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 June 2013
He says it is more than FOUR MONTHS that cheque is not being in cashed so it is time barred for any criminal action.

Raj Kumar Makkad (Expert) 12 June 2013
Advocate Defense! The author has told about the lending of money 4 months ago but not the time of handing over the cheque against that amount so nothing can be anticipated as you commented.

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