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parikshit dwivedi (reporter/editor)     19 August 2012

Cheque dishonoured/bounced

Respected sir, my self is pariksh*t dwivedi resides in kanpur and a victim of cheque bounced.i have sold my house with an amount of ten laks rupees and i got seven lakhs rupees in advance with RTGS and the party  gave me the cheque of three lakhs rupees
on the 4th july 2012. which was the actual date of payment  of their wifes account of central bank of india which is in rural area. my father has a account in state bank of india kanpur i deposited the cheque  on same date and after depositing the cheque he reached to the bank for withdraw the official refused to withdraw the mony by giving him a same cheque and a letter of bouncing. now i just want to file a case on which ground i can file a case against him he is refusing to give me the money. and second thing is that one month has gone of bouncing can i file a case against him plz suggest me the suitable path .



Learning

 4 Replies


(Guest)

Dear Pariksh*t,

represent the cheque and the moment you recieve the same from your banker after being dishonoured, issue legal notice within 30 days giving 15 days time to repay the amount and if not paid or the notice is not replied, then file complaint with 30 days u/s 138 of N I Act.

Simultaneously, if the purchaser does not respond and you have not executed sale-deed, the file suit for specific performance of contract. If the same has been executed, then file suit for cancellation of sale-deed.

1 Like

Ajit Singh Cheema (practising Advocate)     20 August 2012

your specific query is regarding filing of complaint U / S 138 of NI Act. As the limitation period for issuing legal notice and then filing complaint has since expired ,  You may represent the cheque  and on its dishonour

 ,issue a legal notice to the drawer of the cheque, within 30 days of dishonour,giving there in 15 days time for making payment and if the amount is not paid , file a complaint u/s 138 of NI Act.

Well Wisher (analyst)     20 August 2012

Did you executed the sale deed mentioned 7 lack in advance and 3 lack by cheque, if yes then 2 years minimum behind court.

If No then 50% chance that you can win.

If still recovery in civil court then 3 to 5 years to complete the case.

NK

Trivedi Advocate (Manager)     21 August 2012

Dear Pariksh*t,

 

Go ahead with this advices you will sure get relief.

Best of Luck..!!

 

Regards,

 

 


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