BOUNCE CHEQUE

walia (Querist) 16 April 2010 This query is : Resolved
i have to take Rs22,000/- from my client. He has given me a cheque but it gets bounce every time when i deposit it in Bank. it has happen twice.He everytime makes an excuse. Plz guide me. what legal action i can take against him?????
Thnx in advance.

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Raj Kumar Makkad (Expert) 16 April 2010
Serve him a legal notice within 1 month of receipt of information from bank about the bouncing of the cheque and file a criminal complaint under section 138 NI Act against him if he fails to deposit with you the amount of cheque within 15 days of receipt of notice.

bhupender sharma (Expert) 16 April 2010
never take the cheque as P.F that should be subject to realisation of the same. We are the professional and not supposed to contest our own litigation,this is our livilihood so no compromise, and the procedure as stated our colleague.

Parveen Kr. Aggarwal (Expert) 17 April 2010
Regarding the legal action, you can file civil suit for recovery under Order 37 of CPC as well as criminal complaint under section 138 of the N. I. Act. But first serve notice of demand on him. Even prior to service of notice, have a talk with him making it clear to him that you are going to initiate legal proceedings.

Sarvesh Kumar Sharma Advocate (Expert) 17 April 2010
fallow the rules accoring to n.i.act.says avobe d experts.

walia (Querist) 18 April 2010
thanks alot.

walia (Querist) 18 April 2010
can the person who has to give me money behind the bars, i mean imprisonment if he doesnot give me the money????

Parveen Kr. Aggarwal (Expert) 18 April 2010
Yes. Section 138 of the N. I. Act provides so provided however that you prove your case successfully.

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