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cheque bouncing

(Querist) 05 September 2008 This query is : Resolved 
dear sir

against export order i gave a company advance payment of rs 11 lacs.this company failed to give me the goods at the agreed delivery schedule.this resulted in my order getting cancelled.i asked for refund of my advance payment the company gave me cheque which bounced on presentation due to insufficient funds.
What i have to do next to recover my money from this company and how much time it will take in courts
Please reply me


RAKHI BUDHIRAJA ADVOCATE (Expert) 06 September 2008
u can file a suit for recovery n besides that u can undergo the provisions u/s 138 Negotiable Instrument Act, for criminal remedy.
sayed fazil (Querist) 06 September 2008
Thanks for the advice, how long will it take for me to get back my money.Do i need to first lodge a complaint with Police for recovery or do i need to approach a lawyer.I am based in Mumbai and the company from whome i have to recover the money is from Nasik.Request you to please guide me how to go about for my next step
Srinivas.B.S.S.T (Expert) 06 September 2008
Please consult a local advocate he will suggest you the right path.

As you have already presented the cheque and the same is dishonoured you have to issue a notice through your advocate within 30 days from the date of intimation of the dishonour so as to file a case under Sections 138&142 of NI Act. So also you can file a civil suit for recovery of amounts also. All the best to you. Srinivas BSST
sayed fazil (Querist) 06 September 2008
Can the company be charged for Criminal Offence or cheating offence, as he has taken the advance from me , has not supplied the material resulting in business loss for my company and is not refunding back the amount.
If i proceed under 138 & 142 the case will drag on for a long period of time which i do not want to happen as the company will just take dates and block my capital amount.
Can anybody please suggest a rmedy for quick recovery of money
ANAND SUMAN (Expert) 06 September 2008
Dear Mr. Fazil,

Your cheque amount will certainly recover. You have option to file either civil recovery suit or Criminal case for cheque bounce or both. Since civil suit takes a lot of time i will suggest you to file a case under Section 138 of Negotiable Instrument Act. The procedures are as below:

1. You will have to issue a notice through your advocate within 30 days from the date when your cheque got bounced.

2. If the opposite party does not pay within 15 days of the receipt of your notice, you can file a suit within 30 days after getting intimation of his refusal or from the date when the said 15 days lapsed.

Time period: There is no fixed time period and it mostly depends upon your advocate's skill and also on the intention of opposite party to contest the case. However, the case will last in two years. But you should not worried as you will receive an interest at least @ 12% on your due amount.

In case of further assistance, feel free to contact.

Advocate,Consultant & Trade Mark Attorney
(Founder Director)
E- 42 B, Third Floor, Jawahar Park
Khanpur, New Delhi- 110062

Mob. 9958330546 (Delhi)
E-mail: advocateanandsuman@hotmail.com

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