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RC Gayatri ( )     25 May 2019

regarding cheque bounce case

hi,

I have lended money to a person. and that person signed on promissory note.

in recent past he issued a cheque for payment. when I submitted it got returned saying that " stop payment of cheque issued "

that person cheated me.

can I now file cheque bounce case? NI act will work in this case?


Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 May 2019

You have to send a legal notice to the party within 15 days from the date of bounced cheque.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 May 2019

You have to send a legal notice to the party within 15 days from the date of bounced cheque.

RC Gayatri ( )     25 May 2019

sir now that the other person gave stop payment of cheque, can I file cheque bounce case? NI act applicable?

Kishor Mehta (CEO)     25 May 2019

Immediately file civil and criminal proceedings in your own interests.

G.L.N. Prasad (Retired employee.)     25 May 2019

You have lent money to a person after he executed a promissory note.

That person has issued a cheque and it was presented by you through your bank.

The cheque bounced with the reason "Payment countermanded"

You can file either civil suit for recovery of money lent .

You have to file a complaint for bouncing of the cheque and there is limitation period for filing such cheque and a  legal notice has to be given stating about bouncing of a cheque and asking him to repay the amount within 15 days.  That means you have to file suit only after 30 days from bouncing date of cheque.

But, when the payment is countermanded, it amounts to cheating.   Contact a local advocate immediately and commence proceedings as expeditiously as possible.

SHIRISH PAWAR, 7738990900 (Advocate)     25 May 2019

If the cheque is boune you have two option to file complaint under section 138 with in 30 days and file recovery suit in civil court within 3 years.

 


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