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Prakash Nair (Advocate)     12 August 2012

Cheque bounce case

I am furnishing here along with some details against which I expect expert opinion:

One of my firends, who was running a small consultancy was given an opportunity by me only to improve his business through leads as well as by way of documentations / presentations for business development. During this process he came up with a proposal that he will pay a % of the revenue of the lead I have given him, and to support this he has given a cheque also from his wife's account. Meantime he has borrowed some money also from me.

But the hard fact is that, despite of my repeated requests / visits to him, he did not pay me the amount even after 20 months. In the initial stage he has taken his mother's name saying that she is chronically ill and the money was used for her treatment- later he denied that. He was giving too many excuses all through this period.  He kept on promising that he will pay-but never happened. Now at this later stage he simply disowns his liability to pay. Meantime he said that he has money with him but cannot pay, some times he says that he will pay.

The cheque given by him was presented for clearing  twice in 2011 March and June, but bounced back as he has given a "stop payment" instruction to that Bank (The documents are with me).

I do not have any document to support the entire deal but the Cheque issued by him and his messages(on mobile).

Can any one throw some light into this as to what action can be pursued against him which is legally & socially valid & standing.

Regards to all,



Learning

 3 Replies

N.K.Assumi (Advocate)     12 August 2012

Intitiation of NIA is barred as cheque was issued in 2011, but you may file a criminal case of cheating based on the cheque given to you,as no one has a right to issue cheque without sufficient fund.

Prakash Nair (Advocate)     12 August 2012

Thanks very much indeed.

Prakash Nair (Advocate)     14 August 2012

Criminal Case can be initiated ? or else only a Civil case is practical here ?? Any time line is prescribed for initiating Civil / Criminal proceddings in such cases ???


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