CHQS DISHONOURED - 138 N.I.ACT

Querist : Anonymous (Querist) 16 November 2010 This query is : Resolved
I HAD GIVEN 1 LAC TO THE PROPERTY DELAER FOR BUYING THE FLAT, AND THE DEALER HAS GIVEN 2 CHQS FOR RS. 50K EACH. BUT THE BOTH CHQS BOUNCED 2 TIMES. LAST MONTH, I HAD SENT NOTICE TO THE DEALER AGST N.I ACT BUT HE HAS NOT TAKEN ANY ACTION. NOW PLS HELP ME HOW TO FILE THE LEGAL CASE AGAINST HIM TO RECOVER MY 1 LAC ALONGWITH INTT FOR THE PERIOD OF 1 YEAR.
THIS CASE COMES UNDER GAUTAM BUDH NAGAR COURT, NOIDA. HOW MUCH EXPENSES WOULD COME TO FILE THE LEGAL CASE.

I SHALL BE VERY GRATEFUL TO YOU. MY CONTACT NO. 9811664425 - AJAY NAKRA

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R.Ramachandran (Expert) 16 November 2010
After expiry of the notice period, within 30 days you have to file the complaint u/s. 138 N.I.Act.
You have to approach a local lawyer in Noida. Only the lawyer concerned will be able to quote his fee to you. Do not waste any more time other wise once the time gets over you will not be able to file the Complaint u/s. 138 N.I.

ashish lal (Expert) 16 November 2010
first of all, 138 is a penal section and not for recovery of the amount although it has been used for only recovery purposes.

you may also file recovery suit under Order 37 of Civil Procedure Code.

adv. rajeev ( rajoo ) (Expert) 16 November 2010
You will have to file a complaint within 30 days from the date of expiry of mandatory period of 15 days to make the payment of the cheque amount.
You cannot recover the amount u/s 138 of NI Act, it is a punishment section. If accused paid the amount in a compromise then only you would get the amount. To recover the amount you will have to file a suit for recovery of money.

Rajeev kulshreshtha (Expert) 16 November 2010
I agree.

s.subramanian (Expert) 16 November 2010
yes

Debasish Hota (Expert) 16 November 2010
As per N.I. ACT you have to ake steps as mentioned below
1. First ascertain that whether the cheques are dishonured due to insufficient fund in the account.Your query is silent on that point.
2.Secondly issue a notice within 30days from the date of dishonur of cheques or when came to your knowledge about the metter, asking to make payment within15 days of receipt of the notice.
3. You can file complaint within 30 days after the lapse 15 days mentioned in the above paragraph in the court of competent jurisdiction.

Although it is a penal provison,it is a remedy against offender in the shape of punishment.For recovery the civil suit is the only way left to you. You can file case in the consumer forum also since your case relates to purchase of a flat.

Advocate. Arunagiri (Expert) 16 November 2010
You have the choice of filing cheque bounce case as well as a civil suit for recovery.

Kirti Kar Tripathi (Expert) 16 November 2010
i agree.

Sri Vijayan.A (Expert) 16 November 2010
I agree with Debasish

Querist : Anonymous (Querist) 17 November 2010
SIR I HAD SENT THE LEGAL NOTICE ON 05.10.2010 AFTER RECEIVING INTIMATION FROM THE BANK FOR CHQ BOUNCE DT. 03.09.10.AFTER 15 DAYS FROM THE LAGAL NOTICE, NOW THE FINAL DATE FOR FILE A LEGAL CASE ON 20TH NOV. PLS CONFIRM.

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