Cheque bounced

Dear Sir,

I would like to suggest you file a suit under 138 Negotiable Instruments Act and under that suit, you can claim principal amount and interest along with compensation for harassment. 

And also ensure that you have disclosed the sum in your account books and having sufficient evidence to rebut and establish your rights in case of his other claims if any by such friend.

Within 30 days of the return of the cheque unpaid you have to write to the person who issued the cheque to pay you the amount. Only if the person still does not pay action can be taken under NI-138. If it is more than 30 days since the return of the cheque action under NI-138 will lapse. Thereafter you can file only a civil suit for recovery.

Every transaction invariably discloses the payee's name and you can obtain such certified copy from the Bank for producing it in case of denial.  The burden of proof is on drawer of the cheque and this information supports as documentary evidence of consideration, in case the other party denied receipt of any amount.  I do not think that this makes a difference, but keeping all certified copies helps you for production with your statement.

With due respects to the learned local lawyer, the burden of proof that a cheque was not given rests on the drawer of the cheque, as consideration is a presumption in Negotiable instrument act.  The issue is on bouncing of the cheque.  Only the drawer and payee are the parties.  To issue a notice all these formalities are not necessary.  First issue l Registered otice as per the prescribed format as is available in several websites or search in google.  Let him deny and then contact another advocate for the second opinion on the basis of response received by the drawer of the cheque.