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Ram kumar   03 May 2024

Multiple cheque bounce

I got a doubt on filing a case.I hold two cheques with each of 5 lakhs with the dates as 25/feb and 26/March. The first one got bounced on 1/3. I have sent a legal notice within 30 days and he replied to the notice with some fake reasons that he have stopped the payment of both the cheques. After receiving the notice abou the stop payment of second cheque the second cheque got bounced and I have sent the legal notice within 30 days. Now I have filed a case for the first cheque bounce. Can I file the case for the second bounce because he have replied to the first notice as he stopped the payment for the second cheque and not process it with a fake reason. Due to this even after receiving about the stop payment notification from his notice. Can I file a cheque bounce for the second cheque of 5 lakhs. Or what will be legal procedure to recover the money of the second cheque.

I got these cheques from him as he borrowed around 15 lakh from me through online payment. 

 

 



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 10 Replies

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

The cheque bounce case will be maintainable as a separate case for the second cheque that also was bounced. 

You follow the same procedure similar to the previous case 

1 Like

Kavin   03 May 2024

Hi sir, 

For the second cheque bounce, The cheque was bounced after his notice to me abou the stop payment. So can I file the case for the second cheque bounce.

 

Ram kumar   03 May 2024

Hi sir,  For the second cheque bounce, The cheque was bounced after his notice to me abou the stop payment. So can I file the case for the second cheque bounce. 
 

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

There's no infirmity. 

You can treat it as another case and file a cheque bounce case as per procedures of law 

Ram kumar   03 May 2024

Thank you sir!!

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

You are welcome. 

 

Advocate Bhartesh goyal (advocate)     04 May 2024

Since the second cheque got also bounced so you can file complaint for second cheque also irrespective of fact you got reply of first  notice,your complaint is maintainable.Apart from filing complaint u/sec 138 of N.I.Act you may file civil suit for recovery of cheques amount.

Ram kumar   04 May 2024

Hi sir, Thanks for the reply.

in his first reply to my notice, he says that I should not present my cheque for collection. Even after knowing about the stop payment of cheques. Can I file a case under section NIA 138.

And can I raise a police complaint on this under section IPC 420. Civil suit may take time for money recovery.

Thanks!

Ramkumar

Dr. J C Vashista (Advocate )     04 May 2024

Both the cases of dishonour of cheque is independent, except the fact accused has given common reply to both the cheques. Use copy of reply in both cases and file another complaint within limitation before competent court. There is no infirmity. 

Ram kumar   04 May 2024

Thank you sir


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