Cheack Bounce Case
Sourav Dutta
(Querist) 15 November 2010
This query is : Resolved
how to recover money in case of check bounce? my problem is that bounce check is 26 months old and check bounced due to insufficient fund. the issuer of check not giving me money after several request I don't have other option than legal action. please suggest any idea.
R.Ramachandran
(Expert) 15 November 2010
Dear Mr. Sourav,
You cannot go in for complaint under Sec. 138 of N.I. Act.
However, you can go for suit for recovery of money. The limitation period of 3 years.
A V Vishal
(Expert) 15 November 2010
Your options to claim the money under NI Act is barred by limitation further the cheque has become stale, the only option left is to file a suit for recovery of money provided you have proof of the debt given to the respondent.
Guest
(Expert) 15 November 2010
why you were silent for 26 months?
Guest
(Expert) 15 November 2010
i DO agree with experts
Sourav Dutta
(Querist) 15 November 2010
what is the procedure to file a suit for recovery of money? can I claim interest of the money for this period of 26 month.
and I only has bounced cheque and a slip from the bank saying cheque bounced due to insufficient fund.
Devajyoti Barman
(Expert) 15 November 2010
Its like any other civil suit and being a layman it may be difficult for you to understand how to file a money suit and hence to deal this problem you have to engage a local advocate to do the needful.
Devajyoti Barman
(Expert) 15 November 2010
Yes, you could claim the interest as well.
Guest
(Expert) 16 November 2010
i also agree
Khaleel Ahmed
(Expert) 16 November 2010
Need not worry, you can recover your money by filing a civil suit with in the limitation period of 3 years.
RAVI B SHAH
(Expert) 16 November 2010
Agree with the experts.
Sri Vijayan.A
(Expert) 16 November 2010
1.U can't file cheque bounce case
2. U can file money recovery suit
3. U ve to file within 36 months
4. U ve time, but act fastly
5. Immediately contact a local lawyer
6. dont worry about 26 months delay, in most of the cases, i ve noticed delay more than this period
7. If he has paid any part money towards this loan and u have evidence for this, the period can be extended from that payment day.
8.ANYHOW, CONTACT A LOCAL LAWYER IMMEDIATELY
sreenivasa Rao.P
(Expert) 16 November 2010
Well, I concur with all the experts opinion.You can also file a civil suit plus you can also make out a criminal case under section 420 IPC for having made a wrongful gain to himself and wrongful loss to you.There is no bar in filing civil and criminal cases.The criminal one punishes the delinquent and the civil case get you the money.The filing of criminal case against the person who had issued the cheque will bring him terms and there is possibility of you getting your money back under the threat of imprisonment.
Sourav Dutta
(Querist) 18 November 2010
thank you for giving suggestion.
virender
(Expert) 18 November 2010
i agree with Mr. Burman.
