Sir I gave 10lakhs to my friend he gave me 2 cheques but now he is not giving my money what should I do now will I get justice for cheque bounce case
Goutham Shetty Shetty 15 January 2024
Sir I gave 10lakhs to my friend he gave me 2 cheques but now he is not giving my money what should I do now will I get justice for cheque bounce case
T. Kalaiselvan, Advocate (Advocate) 15 January 2024
You present the cheque within the time limit of three months of the date of drawing the cheque and once it is bounced, you can issue a legal demand notice after which you can file a cheque bounce case under section 138 of negotiable insturments act. for recovery of the cheque amount
anjali tamrkar 17 January 2024
Section 138 of the Negotiable Instruments Act, 1881, addresses the issue of dishonoring cheque, and understanding its legal intricacies is crucial when faced with such a situation. So, dealing with a Section 138 case under the Negotiable Instruments Act, 1881, which deals with the dishonor of a check, involves several steps. Here's a general outline of how to handle such a case:
1. Notice of Demand
If a check issued to you has been dishonored, the first step is to send a legal notice of demand to the drawer (the person who wrote the check) within 30 days of receiving the information from the bank about the dishonor. The notice should demand payment of the check amount within 15 days.
2.Filing a complaint
If the drawer doesn't pay within the notice period, you can file a criminal complaint under Section 138 of the Negotiable Instruments Act before the appropriate court. Typically, this would be the Magistrate Court within whose jurisdiction the bank branch where the payee holds an account is situated.
3.prepration or complaint
Prepare the complaint with the necessary details, including the facts of the case, the dishonored check details, the legal notice sent, and any other relevant information
4.court proceeding
Attend the court hearings and present your case. It's essential to have proper legal representation. The court will summon the drawer, and both parties will have to present their evidence and arguments.
5.Evidences
Ensure you have all the necessary evidence, such as the original check, bank records, the notice sent, and any correspondence related to the case.
6.cross examination
Be prepared for cross-examination by the defense lawyer.
7.verdict
The court will examine the evidence and arguments presented by both sides. If the court finds the drawer guilty, they may be liable for penalties, including fines and imprisonment
8.Appeal
If the verdict is not in your favor, you have the option to appeal to a higher court.
9.Execution
If the drawer is found guilty and doesn't pay the penalty as ordered by the court, you can initiate the process of execution, which may include seizing the assets of the drawer to recover the owed amount.
10.Legal counsel
It's highly advisable to seek the assistance of a legal expert or lawyer who specializes in such cases. Legal procedures can be complex, and having professional guidance is crucial.
Moreover, remember that legal procedures can vary depending on your jurisdiction, so it's essential to consult with a local lawyer who is well-versed in Section 138 cases to navigate the specific requirements and regulations of your area.