Bounced Cheque

Shailendra Kumar Sharma (Querist) 05 October 2010 This query is : Resolved
I booked a flat from a builder in 2006, which i sold to another person in 2008. According to the policy of builder my buyer paid the amount to builder, against which builder issued me the cheque. The cheque was bounced in sept 2008. Can i file a Case now to get my money back with interest?

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Shailendra Kumar Sharma (Querist) 05 October 2010
I booked a flat from a builder in 2006, which i sold to another person in 2008. According to the policy of builder my buyer paid the amount to builder, against which builder issued me the cheque. The cheque was bounced in sept 2008. Can i file a Case now to get my money back with interest?

Adv Archana Deshmukh (Expert) 05 October 2010
You can file a civil suit.

Khaleel Ahmed (Expert) 05 October 2010
You can not file cheque bounce case, but you can file civil suit as advised by Ms.Archana. The limitation period is three years from the date of cheque bounce.

Vinoba (Expert) 05 October 2010
Hello
From your query it can be inferred that the period of limitation for filing a complaint under Section 138 of NI Act has got lapsed. But still you can file a civil suit for recovery of the money due on the dishonoured cheque for which the period of limitation is 3 years from the date of dishonour.
L. Vinoba,
Advocate,
Pondicherry-08

Devajyoti Barman (Expert) 05 October 2010
Yes.

Advocate. Arunagiri (Expert) 06 October 2010
You can not initiated a cheque bounce case. but you can initiate private complaint u/s 420 IPC. Civil court also can give you the remedy. But the private complaint (criminal case) will give a speedy remedy.

Rajeev kulshreshtha (Expert) 06 October 2010
I do agree with Mr. Arunagiri.

M/s. Y-not legal services (Expert) 06 October 2010
Yes. Surely you can.. But you can't file under section 138 of n.i act. You can file a civil suit for recovery of money

Shailendra Kumar Sharma (Querist) 06 October 2010
Thanks to all.
Kindly tell me how much time will it take to get my money back by filing the suit u/s 420.Please also tell how much rate of interest on my principle amount i will get?

Sri Vijayan.A (Expert) 06 October 2010
To my knowledge, a criminal case u/s 420 is the quickest one.
So don't delay, immediately consult a local lawyer.
Don't waste time in these type of questions

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