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Senthil   31 October 2015

Cheque bounce

Dear Sir,

I am working in Bangalore. My office, Office boy for emergency purpose took from me Rs 50000 cash, I collected two cheque for 25000 each, But that person mobile no was not reachable. Cheque also bounced. As i am a middle class person 50000 is too big money for me. Can you please guide me what i should do next? I dont have any proof. Is it possible to file a case?



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     31 October 2015

Well you can file cheque bounced case based on the documents u have, first track his house address with the help of bank and start the process. Since the boy is absconding, you will have tough time in bringing him to court.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 October 2015

You belong to a middle class family and Rs.50000/- is too big an amount. Still you gave a loan of Rs.50,000/-  The Office boy would be less than middle class and Rs.50,000/- may be bigger amount for him to return. Still you lent him the amount. You can file a case under Section 138 of NI Act. But you should give him notice within 30 days of the cheque bouncing. If he does not pay you the amount or give a reply which does not satisfies you within 15 days of receipt of your notice you can file a complaint with the magistrate's court having jurisdiction.within 30 days of cause of action. The cause of action is non-payment against your notice. If you want to take legal actions as above you may have to engage a lawyer. From your query it does not appear that you will be able to fight your case on your own. The rate in Mumbai for a resonably good lawyer is Rs.20000/- right  on the table. There can be further expenses. I do not know what is the going rate in Bangalore. You please do a cost benefit analysis before you embark on a court battle. If the Office boy is not able to fight he will just be jailed. But that won't get you your money. Shakespeare said "Neither borrower nor a Lender Be"  Hamlet.  

Senthil   03 November 2015

Thank You for your advice


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