cheque bounce due to insufficient balance

Ritesh Rathod (Querist) 30 October 2018 This query is : Resolved
Dear sir, my uncle enter into a agreement with Machine manufacturing company and make a payment of Rs. 500000 by DD now Manufacturers not provide a Machine as per agreement so my uncle demand a refund the 5lacs manufacturer issue a cheque of Rs. 5 lacs which return from bank under endorsements of insufficient balance one more thing i notice there are many victims like my uncle and Manufacturers planning to absconded from country. What remedies i have

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Dr J C Vashista (Expert) 31 October 2018
Whether the company is functional or dissolved ?
Your "uncle" can lodge police complaint as well as institute a suit for specific performance through a local prudent lawyer.
Advise your "uncle" to issue a legal demand notice.

Sudhir Kumar, Advocate (Expert) 31 October 2018
You have not at all indicated as to how old is the bank endoresement? whether the cheque is still presentable? whether any notice of cheque bounce given to dwawer?

Ritesh Rathod (Querist) 31 October 2018
Dear sir,

Can we file 138 matter?

Advocate Bhartesh goyal (Expert) 31 October 2018
Yes,your uncle can initiate proceedings under sec 138 of N.I.Act.

Ritesh Rathod (Querist) 04 November 2018
Sir 138 notice is issue to partners or on partnership firm as cheque sign by Partner in the capacity of partner of partnership firm

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