cheque bounced
Satpal Singh Tanwar
(Querist) 09 October 2015
This query is : Resolved
sir i invested 10 lacs with one of my known with 1 year time limit with agrement on 100 rs stamp paper. he issued me a cheque of 1280000. when I present these cheques it got bounced. he assure me to pay money but every time he gave me a new date i have recording for this in my phone. now its more than 2 years time but no money received from him. even now he is not picking up my phone. I borrow that money from my friends n relatives now they are forcing to pay me that money. plz let me know how can i get that money. i have agreement copy,bounced cheque and recording of conversation with him. plz help me i m also mently disturbed since last 2 years. my mob no is 9560854949.
Anirudh
(Expert) 10 October 2015
1. Why you did not prefer a complaint under Section 138 of the Negotiable Instruments Act, when the cheque bounced? This was your biggest mistake.
2. It is not clear what kind of agreement is with you. Without knowing the contents of the same, it will not be possible to give any answer to your query.
3. It is also not clear what is the date of the agreement. If you want to file a case for recovery of money on the basis of the said Agreement, then you have to do it within 3 years. Therefore you have to urgently meet a lawyer in your area, show the documents in your possession, discuss the matter in detail and then take legal action as advised by your lawyer.
You have to act fast, without wasting time.
Sudhir Kumar, Advocate
(Expert) 10 October 2015
You have deprived yourself of the opportunity to file criminal case for bouncing of cheque.
wait for one more year and the limitation of filing civil suit will also get expired. Then you have no method to recover money.
malipeddi jaggarao
(Expert) 10 October 2015
Please follow the advice of Expert Mr.Anirudh and act fast.
Rajendra K Goyal
(Expert) 10 October 2015
Consult local lawyer, show him all the documents and file recovery suit.
SAINATH DEVALLA
(Expert) 10 October 2015
In addition to above experts views,contact a competent lawyer and at least file a civil suit.
P. Venu
(Expert) 10 October 2015
Was the money given for investment or advanced as loan? Had you paid through cheque or cash?
K.S.Srinivas
(Expert) 13 October 2015
Consult a Lawyer with all the documents and follow his advice.
K.S.Srinivas
(Expert) 13 October 2015
Consult a Lawyer with all the documents and follow his advice.
Anupam Lahiri
(Expert) 21 October 2015
The biggest mistake is non compliance with Section 138 of the NI Act. Again, it is not at all clear about the agreement between the two persons.
First thing to be proved is the existence of any legal obligation to pay money by the second person. As the case seems to fall under the NI Act, the same thing needs to be proved which is lacking here.
