farukh (Pharmacist) 27 May 2013

Help regarding bouced cheque

Respected Sir/Madam,

I had deposited cheque of 20000 in Bank on 05 may 2013. But the person has kept the cheque on hold due to insufficient funds. Hence it is yet not bounced.

So i want to know can i take any legal action against him if cheque is bounced?

Also i would like to know whether it will be of any help taking legal action against him?

As that person is very sure that i cant do anything if cheque is bounced. He told he will only have to pay penalty of rs 200.

Kindly give me suggestion.

I am from Pune Maharashtra.

Regards

Farukh Shaikh

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2 Replies

Advocate Rohit (Advocate) 27 May 2013

once the cheque is bounced due to insufficient balance. then you need to serve a legal notice to the other party through an advocate within 15 days after receiving bank memo.

Once the legal notice is issued, then the said person needs to pay you the cheque amount within 15 days otherwise you may file a criminal complaint u/sec. 138 of N.I.Act

The penalty in this case could be maximum uptoRs. 40,000/- or an imprisonment of 6 months.

Regrads,

Advocate Rohit Dalmia

9324538481

Mumbai