Cheque bounced & issuer refused to accept notice, plz help


One person with whom we had good relations took 3 lakh rupees from us as a loan against which he gave us post dated cheque as a gaurantee. When the date came he developed an ill-will and cheque got bounced for the reason of insufficient balance. Clearing memo date was 20-May-2019.

We sent him legal notice via registered A.D. and he refused to accept that notice as per the post-man, postman says he has returned the notice back to sender (we) mentioning that receiver is not accepting the notice. Now please suggest what can we do. Its only 3 days left now, as per my knowlegdge we need to send notice within 30 days of clearing memo date issued from bank. Any help will be appreciated.

 
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You have already send notice so follow your advocate's advice. If you are not satisfied with him you can always change the adovcate. Don't get confused with other's advice. 

 
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In case he has refused to take notice, it will be considered as duly served you should file case in competent court for relief.
 
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Scientist/Engineer

You can file case under Section NI-138. But note that there is a time lmit for filing case also. How did you pay the 3 lakh rupees?  If you had paid cash then your case will be weak. What kind of evidence do you have that you have paid the money?

 
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