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cheque bounce

Querist : Anonymous (Querist) 07 May 2010 This query is : Resolved 
sir,
I had been issued three cheques by a courier co. as repayment of the money I had paid them to get their franchisee of which one of the cheques was disbursed while the other two bounced, after chasing the co. they again issued two cheques after deducting Rs 3000 without any reason after a period of six months but this time too the cheques bounced, What legal action can be taken against the co. Are there any ngo who are associated with such problems as I dont't have enough funds to fight back with the co. in a court.
Arvind Singh Chauhan (Expert) 07 May 2010
issue legal notice within time fixed.
Raj Kumar Makkad (Expert) 07 May 2010
You move an application to the local CJM praying therein to provide you free legal aid including the lawyer and all connected expenses. This application is liable to be accepted keeping in view your economic condition.

You have to serve a legal notice to the issuing company within 1 month of receipt of intimation of bouncing from your bank giving it 15 days time to pay the amount of eheque in cash failing which file criminal complaint under section 138 NI Act.
Jithendra.H.J (Expert) 07 May 2010
For initiating criminal proceedings under section 138 of NI Act you don't have to pay court fee.
Virender Pankaj (Expert) 07 May 2010
I agree with the expert Mr. Raj Kumar Makkad, however nominal court fee is required to be paid on the complaint u/s 138 of N.I. Act
Raj Kumar Makkad (Expert) 07 May 2010
Pankaj Court fee is not required to be paid but counsel fee and all other litigation expenses are to be arranged by every litigant.
Ashok Yadav (Expert) 07 May 2010
I do agree with Mr. Virender Pankaj, Court fee means the stamps you are affixng on the complaint. It differs from state to state in Delhi it is Rs. 2 Only.
Virender Pankaj (Expert) 07 May 2010
Dear Mr. Makkad, it may vary from state to state, however the court fee of Rs.1.25 (if available other wise Rs. 2 Only) to be affixed on the complaint u/s 138 N.I. Act or other criminal complaint if filing in the state of Delhi.
Krishnamurthy Ramdas Iyer (Expert) 07 May 2010
In Mumbai it is 2% of Chq amt.
Min.250 Max 1.5 lacs
Querist : Anonymous (Querist) 07 May 2010
sir,
Thanks for your kind support but the co. has shifted its office and the only way to get in touch with the co. is its website and a Mobile no. of the lone person who is interacting from the Begining in such case how do Iserve a Legal Notice and Have I to approach a Lawyer to serve the same.
Adv.Shine Thomas (Expert) 08 May 2010
You have to file a case under IT Act.
Guest (Expert) 08 May 2010
KINDLY NOTE THA NEGOTIABLE INSTRUMENTS ACT SEC.138 IS APPLCABLE IN PRESENT CASE.YOU MAY ISSUE A LEGAL NOTICE UNDER NEGOTIABLE INSTRUMENTS ACT SEC.138 AND DEMAND THE AMOUNT OF CHEQUE

THE MOMENT THE SAID NOTICE SERVED ON THE OTHER SIDE HE HAS TO MAKE THE PAYMENT WITHIN LIMITATION PERIOD AND AFTER LIMITATION PERIOD OF NOTICE IS OVER THEN YOU HAVE TO FILE COMPLAINT IN COURT UNDER SAID ACT.
KINDLY NOTE THAT FOR FILING COMPLAINT IN MAHARASHTRA 2 % (TWO PERCENT ) OF THE AMOUNT OF CHEQUE ,COURT FEE STAMPS ARE TO BE PAID.

IT IS A CENTRAL ACT AND STATE WISE LOCAL COURT FEE IS APPLICABLE .IT IS EVIDENT FROM THE OPENION OF EXPERTS AS ABOVE.

YOU MAY SEEK LEGAL AID BUT TAKE CARE TILL YOU GET THE SAME THE LIMITATION PERIOD TO ISSUE NOTICE AND FILING CASE SHOULD BE STRICTLY OBSERVED.
GOOD LUCK.
THANKS.
Virender Pankaj (Expert) 08 May 2010
The notice will be issued U/S 93 of N.I. Act.
Querist : Anonymous (Querist) 11 May 2010
Sir'
Accordingly to serve a legal notice I had called the only representative of the co. to provide the new address wherein the co. has shifted it's office but the person provided a inocrrect address it does not seem that he has any intention to provide me with the address
Can you please guide me to the further step I have to take in such a situation.


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