Cheque bounce
V S R SRIKANTH
(Querist) 18 August 2011
This query is : Resolved
Friends,
I would like to have detailed advise on dishonoring of cheque matter. I owe some thousands from one fellow. He has given me a cheque which when I deposited in my bank it got dishonored due to insufficient funds, I tried three times with my bank to clear the cheque, but to my surprise the cheque bounced three times. Now can I initiate legal action against that person U/S 138 of NI act. If so how much amount can I seek from that fellow through court, also can I ask amount for my mental and physical tensions too.. can it also be calculated..
your advise is highly is appreciated..
Srikanth
M.Sheik Mohammed Ali
(Expert) 18 August 2011
you may ask compensation relief but court have power to grant such on amount, same time the court may order to with interest.
ajay sethi
(Expert) 18 August 2011
objective of section 138 Ni is to punish accused who has dishonoured cheque . generally in such cases partes arrive at settlement wherein accused pays amount involved . if accused dosent settle the court may punish him by imprisonment . court may award compensation .
you can also file civil suit for recovery of amount mentioned in cheque together with interest
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 August 2011
All this will happen if you can win your case in the court , there are lot of hurdles to pass since there are advocates for both sides.
adv. rajeev ( rajoo )
(Expert) 18 August 2011
You have ask for the cheque amount only. court has got power to award the compensation and normally court awards it.
Advocate. Arunagiri
(Expert) 18 August 2011
Your notice can demand the cheque amount only. If he pays the cheque amount, there is no case against him.
If does not pay even after the notice, you can prosecute him, the court is having power to award 2 times the cheque value.
V S R SRIKANTH
(Querist) 18 August 2011
Dear Experts,
Thanks a lot for valuable suggestions
V S R SRIKANTH
(Querist) 18 August 2011
One more doubt in this regard.... the party who has given me the cheque lives in Andhra pradesh and I am at Orissa, where do the jurisdiction of the case arises, can i bring him to orissa by filing a case here...
Srikanth
THANKACHAN V P
(Expert) 19 August 2011
You can file complaint in Orissa but make sure his presence in orissa court for facing trial.
Guest
(Expert) 25 August 2011
i agree with experts
V S R SRIKANTH
(Querist) 20 September 2011
Dear Experts,
In continuation to my query and as ur suggestion, I ve sent a Advocate notice to the party concerned seeking the money U/S 138 of NI Act. But to my surprise the party went aloof from the address, he is not traceable at the address... what should I do now, please let me know any of ur suggestion....
Srikanth
