Civil Procedure Code (CPC)

cheque bounce related

This query is : Resolved 
 


Querist : Anonymous (Querist)
12 October 2010

Hi sir,

I have lended money to one of my known persons. I took a cheque from him.and also took his sign on promisory note for the amount given by me. Now that he is not giving my money back , i want to bounce that cheque. can you please let me know the following details

1)for me to file cheque bounce case is it manadotry to know his fathers name ?

2)if we dont know his fathers name , how to approach the case ?

3)that person is changing his residential address time and again . How to send him legal notice.

can some one help me out.


M.Sheik Mohammed AliOnline (Expert)
12 October 2010

hi,

promisory note valid for 3 years of date of issued, you can file a suit against him money suit otherwise you must deposit the cheque may be it will get bounce, and need not his father name but needed your knowed person name for lodge a complaint, and you may publice your quary to an famous new paper

M.Sheik Mohammed AliOnline (Expert)
12 October 2010

after that you file a case either money suit or Chq bounce case N.I.Act. section 138

aman kumar (Expert)
12 October 2010

it is not manadotry to know his fathers name. you can write as unknown . a notice of court may be publish in news paper as abscond.

Raj Kumar MakkadOnline (Expert)
12 October 2010

1. No.

2. Description of his account no. with his name is sufficient to move in the criminal case under section 138 NI Act.

3. First send notice on his last known address and then on receipt of report,

DEFENSE ADVOCATE.-firmaction@g (Expert)
12 October 2010

But you have to answer how you gave money to a person not known to you fully.

Devajyoti BarmanOnline (Expert)
12 October 2010

I agree with Mr Makkad.

pawan sharma (Expert)
12 October 2010

yes, i am also agree with Mr.Makkad.

R.Santha Moorthy (Expert)
12 October 2010

I agree with Mr.Makkad. At the same time, take note that don't say or disclose as if you got the cheque at the time of advancing money itself as security in view of the settled legal position. you must say as if he gave the cheque only last week towards the loan obtained some time ago under that promisory note, next day, you deposited for collection and yesterday only you got the cheque bounced from bank. In clear words, you must say that at the time of borrowing, he signed and gave the Promisory note only and only last week, he issued the cheque in question for repayment. You have not given your name and address for the query. So no problem in discussing or advising the above.

SANJAY GUPTA (Expert)
19 October 2010

Agree with Mr. Makkad,



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