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Deepthisudan (housewife)     29 December 2014

Cheque bouncing

Sir,

My father has applied for Plan Sanction from local civic body through its employee. The Employee has collected the full amount as per Demand Advice of the civic body. The said amount  was paid in cash at different dates. No receipt has been obtained for the amount paid.

The employee has delayed it very much. In the mean time he left the civic body. On enquiry from the civic body office, we understand that the required fees as per the Demand Advice has not been paid  and as such the plan sanction could not be processed.

When checked up with the employee, we understand that he has used the amount to his personal expenses. Upon giving pressure on him , he has issued a cheque for that amount . Twice he has advised to postpone the cheque presentation date  When presented the cheque on the date advised by him, the same got returned with Bank's remark of' 'Drawer's Signature differs'. My father on receipt of Bank's Advise, issued a notice (not a legal notice) to that employee about it & advised him to pay the amount within 15 days, else legal action will be taken. The notice was sent through RPAD to his residence & the Acknowledgement card has been signed by his wife.

The validity of the cheque (3 Months) is going to be expired by 6th Jan.2015. We will  be taking up  the case through a lawyer for legal proceedings.  We will be greatful to the elite members of the Club, for their valuable suggestions in this regard.

Thanks in advance.

Deepthi.



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     30 December 2014

Dear, File a recovery suit..... And get your money back .... Kapil Chandna Adv 9899011450

adv.raghavan (Advocate,9444674980)     31 December 2014

you can proceed under NI act itself, it will productive and cost effective, recovery suit is also advisable but involves cost, i do not know whether it suits you, and time consuming process.


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