Shivaji Rao (worker) 11 November 2011

US dollar cheque bounced in India

My friend gave a US dollar cheque in India which is of amount 3 lakhs (6500 US dollar) a month back, this is in return to developing a software product.

This cheque got bounced and now the friend is back in USA. Also he does not want to give the money either by cash or cheque. My friend is coming back to India next month.

how do I go about filing a case against my friend? do I need to shell out lot of money to file a case against him?

Note: I did read few posts on cheque bounce. however all had some written agreement along with cheque.

I do not have any written agreement.

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6 Replies

(Guest)

For avoiding Limitation file a case under NIA.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 11 November 2011

Dear satish

send a legal notice to him and prepared the filling the case u/s 138 NI Act

sadanand (advocate) 11 November 2011

the facts of the case were little bit insuffient to judge. there must be a hardaware & software instalment agreement between the parties. only having the cheque is not suffient to file a suit under 138 of N.I.Act and even not mentioned which foreign bank's cheque it was..? whether transaction is madeout in India or what? eventhough you may suceed in your case.. notice him & filed a case.

V.R.Natarajan (Lawyer) 11 November 2011

If your friend is an Indian citezen,send him a notice by regd. post with ack due and also e mail the notice, claiming the amount with damages, threatening to file a complaint under NI Act.If he fails to reply or respond, file a complaint before Judicial Magistrate court.Give your friends local address and also US address, if available.When your complaint is taken on file,issue court notices to both addresses. Watch for the date when he arrives India,and make the court process server to serve him.You have to deal the matter carefully. This suggestion is given assuming what you are doing is completely legal.Otherwise, you will be in soup and face criminal charges.Expenses depend on the advocate uou engage. There are many criminal side advocates, who specialise in Neg.Inst.Act offences. V.R.Natarajan, Advocate, Madurai

R.Ranganathan (Advocate) 10 February 2012

You can file a case under NI Act but you have to prove the circumstances under which it was issued to you. Further you have to take steps to serve the notices on your friend both initially before filing the case, then after filing the case service of notices through court, if not served then arrest warrants etc., So you will have to think of all these things. Otherwise the best way is to file a case in the civil court for recovery of money which will involve you court fees and other charges.

R Trivedi (advocate.dma@gmail.com) 13 February 2012

Kindly mention the Banker name and the type of account he had with that Bank. In general in India Forex transaction is not so straightforward that money can be exchanged by cheque.