Legal action against cheque bounce

Dear Dr. Moorthy,

Please clarify how this incident happened. How you came to know about advocate and how his son has damaged the vehicle. if the accident happened you must have filed FIR and/or Police Complaint. how you get the cheque from advocate. these facts are esssential without which i cannot help you.

Regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

Dear Mr Bhasin,

Thanks very much for your reply.

It was a compromise for a road traffic accident. While I was waiting for green signal, a 2 wheeler guy who was trying to flee from traffic police hit my vehicle. The reason was he is a school boy and dont have a driving license. Fortunately he was unhurt but my car front tyre was torn and headlight gone, dent over bannet and side. The boy was immediately caught by the traffic police. Then his father, an advocate came and told me that he will give 10000 rupees as his son is at fault. I accepted and he gave me a cheque and his phone number. The cheque got bounced on the very next day and when I called, he is saying he doesnt have money now. I felt cheated as he behaved like a gentle man on the scene and now tries to cheat me. I want him to be punished, the demages for my car is more than 20000. My only mistake was forgiving his son without filing a case, as he is a school boy. But his dad showed their real face.

How can I go about it?

Thanks in advance.

Dr Moorthy

1. No truthful case is made out under cheque bounce category (Under S.138 of NI Act). 

2. Yes, you can create a substantial trouble for him. Pl get the cheque dishonored (no need for 3 times), send a legal notice (no need to hire the lawyer), asking for cheque amount within 15 Dyas of receipt of notice other wise you will proceed with case under S.138 of NI 1881 Act. Chances are you will succeed, by now.

3. More advise only after Step #2.

You don't need to deposit it 3 times. Even afte a cheque bouncing once,  a case is made out u/s 138 of the Negotiable Instruments Act.

Also as far as I know, for filing a suit, there is a limitation period of 6 months from date of bouncing.

Any other views welcome.

Yes, one time bouncing is sufficient.

I invested in local invest scme which is give me 15% interst in a year, but after 2 months i not get monthly installments, i went to office and meet the propritor of company  he said he will pay my remaing money after 2 months and he shut the schme . after 3 mont i called him but again he told me same after 8 months he gave me 4 cheqes against the agreement copy. till date 3 cheqs are bounced now what action i will take on this and what is dead line for notice or f.y.r against check bounced pls explain

I am Dharmanna gaded here i need some help.Nagaprakash is need to give me 1lak rupees but he gave me check which is bounced now. so what is proceedure to send notice to him ...Kindly help me and my mail id is gaded6@gmail.com and drop the mail on this id with your phone no. here

Thank you and Regards

Dharmanna