Cheque return notice

ROBERT MATHEWS (Querist) 08 November 2013 This query is : Resolved
Dear Sirs,

If a notice for cheque return has been sent to a party and the person in charge is out of station and notice is not delivered, how long can one wait in this case?

ALSO HOW SOON IS RECOVERY DONE IN CASE OF RETURN CHEQUE???

I mean the case goes on for how long/

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V R SHROFF (Expert) 08 November 2013
Once posted , at true and correct address, NOTICE IS DULY SERVED, on the date written by Postman on back of Envelop.

Wait for 20 days to a month and file case.
138 NI is for punishment, not recovery.
Compensation u/s 357 cr p c ,and it can be max double the cheque amt, at discretion of Magistrate.

case takes 1-3 years depending o Advocates/ burden of cases in court. fast track court is v fast, say within 6 months

ROBERT MATHEWS (Querist) 08 November 2013
Dear Sir,
Thanks.
a)what will be the fees for me to file this case ?

b) Are the charges different thru fast track court and normal court?

c) If the party claims that notice is not recieved, then???

d) The notice gives how much time to party to settle payment maximum?

e)What is the punishment involved??

Thanks

ROBERT MATHEWS (Querist) 08 November 2013
F)Also the fees involved to file a cheque return case are they dependent on the amount involved?

ROBERT MATHEWS (Querist) 08 November 2013
Also the pune lawyer told me that the cheque has to be returned 3 times ONLY THEN THE CASE CAN BE FILED?

IS IT TRUE?

ajay sethi (Expert) 08 November 2013
fees would vary from lawyer to lawyer . if party claims notice not received then you have to show postal acknowledgment received by you

15 days time given to make payment after receipt of notice. can be sentenced to imprisonment for 2 years

ajay sethi (Expert) 08 November 2013
even if cheque is returned once you can after issue of notice file case

ROBERT MATHEWS (Querist) 08 November 2013
But the office of the party is closed at the moment. no one to receive the notice?

What happens in this case?

I believe if no one receives the notice from the postman, it is not an acknowledgment right??

Also HOW FAST THE CASE CAN GO ON IN FAST TRACK COURT???????

V R SHROFF (Expert) 08 November 2013
usually calculate court fee 2% of amt.
Adv fee negotiable with Advocate

ROBERT MATHEWS (Querist) 08 November 2013
Also HOW FAST THE CASE BE SOLVED IN FAST TRACK COURT???????

Rajat Bindal 09917149977 (Expert) 08 November 2013
court fees is not payable in case of criminal complaints. Only Rs. 2 stamp need be affixed.

R.K Nanda (Expert) 08 November 2013
nothing more to add.

Rajendra K Goyal (Expert) 08 November 2013
Well advised, nothing more to add.

V R SHROFF (Expert) 10 November 2013
Your Question: Also the pune lawyer told me that the cheque has to be returned 3 times ONLY THEN THE CASE CAN BE FILED?

IS IT TRUE?

Answer: We do not comment on brother Advocate's advise. OR WHETHER IT IS TRUE OR FALSE.

YOU CAN DIRECTLY ASK A QUESTION TO US, WHICH WE REPLY. WE WILL NOT COMMENT ON OTHER LEGAL ADVICE U RECD:

Professional Ethics.