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Maddy (Engineer)     09 June 2014

Check bounce

Hello Everybody,

I am new to this discussion board and have read few topics before registering.

Very happy that you get answers from experts without spending days together personally. Thanks.

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I hate to start to my first thread requesting for help but I am sure people don't mind.

             My uncle borrowed 3,00,000 Rupees 6 years back and after requesting him for 3 years he gave few cheques  for 2,00,000 rupees. He said he will give the rest in cash soon at that time. He neither gave money nor he called us to deposit cheques. The cheques were not dated.

        Is it a wise idea to date cheques and deposit in my bank which will bounce for sure and proceed legally? This way we might get money but will be losing huge amount in interest. Is there any better idea to get interest as well? Also what is the procedure for movingforward legally. Thank you. 

 



Learning

 8 Replies

Dr J C Vashista (Advocate)     09 June 2014

Any loan taken/given is legally recovrable within  3 years, cheque is valid for 3 months.

When did you lend money? what for? Paid through cheque or cash? Any witness or no? etc

Incomplete information.

Maddy (Engineer)     09 June 2014

Dr. Vashista, Thanks for your reply.

 

My Dad lent MOney 6 years back and 15 blank cheques were given 3 years back. We paid through cash but he gave cheques for proof. Yes there are few mutual relatives for witness.

N.K.Assumi (Advocate)     09 June 2014

Barred by limitation for legal action, and even question of bouncing of cheuqe does not arise. 

Maddy (Engineer)     09 June 2014

Hello Assumi, Could you please elaborate little more?

As the Bank issued a statement saying cheque has bounced, why cannot I approach court for cheque bounce?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 June 2014

On the dishonour of a cheque, one can file a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 ( which is a summary procedure and) can also file a Criminal Complaint u/s 138 of Negotiable Instrument Act for punishment to the signatory of the cheque for haring committed an offence. However, before filing the saidcomplaint a statutory notice is liable to be given to the other party.

Anand Bali Adv. (Advocate Solicitor & Consultant)     09 June 2014

Apart from the reply by Ld.Mr Ramachari  and Dr Vashishtha, Other than the remedy of Summery Suit for Recovery against the Cheque or agreement deed, and Sec 138 NIA under criminal side I have to add that a simple suit for the recovery of the total loan amount also can be files in the civil case with the support of the concerned facts and witnesses.

However, this particular case is barred by the limitation Act as already 3 years have been lapsed, but if in case the any cause of action is still running / happened there within the last 3 years period from to day ( The date of the recovery suit be filed) You can very well file a suit for recovery. 

You are advised to get consulted with an expert Advocate of this field with all the details & the facts of the case, I presume you can still file a recovery case any how , You also can watch out my credentials on this site and send me PM (Personal message) for a personal meeting.

Kiran singh (Lawyer)     11 June 2014

There are several Bounced Cheque Recovery solutions, you need an expert legal advisor to settle your case, as there are numerous online website that provide fruitful knowledge and solution about cheque bounce.

T. Kalaiselvan, Advocate (Advocate)     12 June 2014

I think by now you have already consulted a lawyer in this regards and are going in line with the advise of the said lawyer to tackle this issue.  If you suspect your lawyer's credentials, you may raise query on that aspect which causes you concern and not vague queries.  Since this being a huge amount and your father had cautiously obtained 15 blank cheques, are you not knowing what is to be done in this regard?  Speaking on strict legal terms your case is hopelessly barred by limitation  to recover it through civil court, it will also be an illegal act to fill up the date and amount in duly signed blank cheque issued to you and which is in your custody for the past 6 years or more, because the validity of a cheque is only 3 months from the date of its issue even it is  not dated until it is a post dated cheque. The earlier validity of a cheque was only 6 months, thus it becomes misuse of cheque.  Do not expect a favorable reply for doing something violating the provisions prevalent law.


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