bounce cheque
Querist :
Anonymous
(Querist) 24 October 2009
This query is : Resolved
i have given a cash amount of Rs.35000 to a person without having any record or receipt for the same. now he has given me cheque of a bank which is neither bounced and not cleared in my account till date. the complaint has been filed with a bank about the cheques.
now question is
if cheque is bounced what action i can take legaly.
can he stop the cheques. if yes than what should my next step.
would i will get my money back.
Adv Archana Deshmukh
(Expert) 24 October 2009
Try to obtain some acknowlegement of the debt in writing. If the cheque is dishonoured, then you need to give a notice of demand to the person within 30 days from the date of receipt of memo from the bank, if you want to proceed u/s. 138 NI Act.
mahendra rai jain
(Expert) 24 October 2009
hello Mr. Anonymous
first you have to clear following things:
1. Date mention on cheque
2. Whether you presented the cheque in bank or not? menas date of presentation of cheque
3. what is the nature of complaint filled with the bank
it menas your query is incomplete in regards to ingredients of NI Act.
mahendra rai jain
(Expert) 24 October 2009
as according to sec. 139 N I Act. there is no need to prove acknowledgement of date.
139. Presumption in favour of holder
1[Presumption in favour of holder
It shall be presumed, unless the Contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, or any debt or other liability].
Anish goyal
(Expert) 24 October 2009
One of the question remains unsolved.
Yes he can stop the payment of cheque. But complaint under section 138 NI will also lie in that case
Adinath@Avinash Patil
(Expert) 24 October 2009
1]IF YOU PROVED LEGALY EXISTING LIBILITY YOU CAN FILE COMPLAINT U/S 138 OF N.I.ACT.
2]YOU CAN FILE CIVIL SUIT FOR RECOVERY OF CHEQUE AMOUNT.
3] YOU REMBER YOU HAVE TO PROVE LEGAL DUES.BY ADDUCING DOCUMENTRY EVIDENCE AND ORAL EVIDENCE.HENCE IN MY OPINION BEFORE ISSUING NOTICE U/S 138 YOU HAVE TO COLLECT FROM THE DRAWER OF THE CHEQUE SOME DOCUMENTS e.g.HAND NOTE OR ANY AGREEMENT.
adv. rajeev ( rajoo )
(Expert) 25 October 2009
if cheque is bounced you can file criminal case against the person who has issued a issued a cheque u/s 138 of NI Act..
He can stop the payment of the cheque, but it is his duty to inform you in advance before the stop payment. It also attracts the criminal case u/s 138 of NI Act.
NI Act is punichsable act, he would give your money in threat of punishment, otherwise you will not get your money back on the basis of NI Act.
You have to file civil suit for recovery of money to get back your money, but it takes time.
Shashikant V. Patil
(Expert) 25 October 2009
Dear Anonymous ,
You said that, you have deposited the cheque with bank and bank has not informed you whether it is clear or bounce and later ,you filed a complaint with a bank for this. What is the reply from bank? The same is not yet obtained by you. The whole issue depends upon after the clarification from the bank reply only.
Sachin Bhatia
(Expert) 25 October 2009
agree with the opinion of Mr.Mahendra rai jain
