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Yashwant ray   16 May 2024

Cheque bounce case total 3 payment done 2 by my mother 1 by me the name on the cheques is my mother

On December 2021, I saw a land to buy and after that the person who was selling the property but he was not the owner, he was a property broker who had an agreement with the owner that he would sell the land. After knowing this, my mother paid Rs. 50000 to that person in cash on the same day Then on his request, within a few days in January 2022 my mother gave 4 lakhs in his account through RTGS, then on his request in September, I received money from my mum to my account after that I gave 20,000 more to his son account through UPI. After that, I asked him to get that property registered to me. He kept making excuses and then I did not get that property, then I told him in September 2023 that I do not want that land after lot of excuses he give me cheque on March 2024 for the amount of 470000 with post dated 10 may 2024 in his own handwriting for my mother name that is received my me. I submit that cheque to bank on 10 may 2024 and that check is bounced on 14 May 2024 with the return memo saying insufficient balance

Now  question arise in my mind 

1. Is he also liable to pay last 20000 rupees which is sent by me to his son account through upi to my mother (can my mother also legally claimed that amount if her name on the check but payment is done by me) 

2. And now what I have to do legally to get that money recovered who can legally file that case if my mother name is on the check two payment done by my mother but last payment done by Me

3. What is all legal remedy for me apart from cheque bounce case ,is there any other scenario for claiming that money legally



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 May 2024

The payments made by two different persons to two different persons.

Hence your mother can proceed with the cheque bounce case separately and you issue a legal demand notice to his son to return the amount you paid to his account.

If he fails to respond, you may file a money recovery suit against his son.

They can be pressurised this way so that they will come for compromise and settle the amount

Yashwant ray   18 May 2024

Originally posted by : T. Kalaiselvan, Advocate

The payments made by two different persons to two different persons.Hence your mother can proceed with the cheque bounce case separately and you issue a legal demand notice to his son to return the amount you paid to his account.If he fails to respond, you may file a money recovery suit against his son.They can be pressurised this way so that they will come for compromise and settle the amount

 

 

Can you tell me one thing sir  my legal advisor saying don't mention the date that you get the cheque on 6 March 2024 and in legal notice he written that we receive cheque on 10 May 2024 so is there any complication to mention these date which is inacurate and not truthful what can I do I already say that to my legal advisor that these fact are not accurate and truthful and maybe in future it create a problem but he saying that if you mention that you get this cheque on 6 March 2024 then he will be saying he already paid everything in cash to you still you present this cheque in bank and that is risking our case

T. Kalaiselvan, Advocate (Advocate)     19 May 2024

You may not say anything to your lawyer now, instead you my better change the lawyer and engage the serices of a different lawyer who can do the things honestly for you and he can be relied upon fully in the conduct of the case also 

Aadil (Student)     27 May 2024

Dear Yashwant Ray,

 

Thank you for your query! I am Aadil and I will try to answer your question.

 

The short answer to your query is YES. You may get back the money.

 

Cheque bounce cases in India are governed by the Negotiable Instruments Act, 1881, specifically its Section 138, which defines cheque bounce to be when a person tries to draws a cheque from a bank for the purpose of fulfilling a debt or liability but gets returned by the bank unpaid due to insufficient funds in the account or because the amount exceeded the amount that the bank agreed to pay as per some arrangement between the bank and the drawer.

The same act also specifies the procedures to be completed before registering a case against the drawer for cheque bounce. The payee must have presented the cheque before the bank within six months from the date on which it was drawn or before the validity of the cheque expired, whichever comes first. Within thirty days from the date on which the information regarding the cheque bounce is received from the bank, a legal notice in writing must be served to the drawer by the payee demanding repayment of the due amount. Once the drawer receives this notice, they must repay the due amount within fifteen days of the date on which the notice was received. If the drawer fails to repay the due amount within the specified time of fifteen days, the payee may approach the court.

As the drawer issued one cheque which covered the whole amount, only a single suit should be filed as it will cover the whole amount that the payee lost. 

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil


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