bheem 30 November 2015

I need expert advice

Hi friends

I need your advice in the following case.

Five months back I wanted to buy gold buiscuits from a jweller amounting to Rs 500000/-.The shopkeeper gave in written that I have given him 500000/- as advance for said amount of gold buiscuits on his letterpad with signature and stamp.Later on he said he sold those buiscuits to someone else and would arrange again but he failed to do so.

After my repeated pressurising him he issued a cheque amounting to Rs 500000/- with a future date of 12/12/15.I know his account does not have any money so I asked him to return the money many a times.But he was able to give me only Rs 70000/- in cash.now as cheque date is near i have to apply cheque in bank.

I am sure cheque is going to bounce because said person is completely broke and even bank officials have confirmed it.

KIndly inform me

1) How much are my chances in winning if go to file a court case & how much time it may take?

2) what should be the procedure/strategy to file such case?

Reply Follow

8 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 December 2015

This case is very much maintainable. He was discharging a liability that he had in your favour . Hence the bouncing of the cheque amounts to a criminal offence . Promptly send him a legal notice through a lawyer . Then you have to wait for the statutory notice period before filing the proceedings before court . Don't delay the matter as if the date is exceeded beyond the prescribed period , it won't be tenable to file the cheque bounce case again

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 December 2015

Civil recovery is also an option . Go for your remedies after seeking proper opinion from a good lawyer . 9999931153

SAINATH DEVALLA (LEGAL CONSULTANT) 01 December 2015

Wait till 12th of dec and present the cheque on that day for clearance.Think of legal actiion once the cheque gets dishonoured.Why do U presume things to happen negatively.

bheem 01 December 2015

Thanks Adv. Augustine Chatterjee for such a swift reply.

bheem 01 December 2015

@Adv SAINATH DEVALLA Sir Thanks for the reply

Actually bank officaials have confirmed me that balance in said person's account is about Rs 200/- from past few months with no financial activity.Also confirmed by many people close to the said person(members of jewellers association) that he has gone complete broke i.e why i was presuming cheque bouncing.