cheque bounce

mukesh jain (Querist) 21 June 2010 This query is : Resolved
I had lended about Rs.3.00 Lacs in cash to a person. Now he is not returning the money. I have a signed Hundi alongwith a cheque for repayment. Can I present cheque to bank, and in case the cheque dishonour file a civil case IPC 138/IPC 420 can be filed, please advice.

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B K Raghavendra Rao (Expert) 21 June 2010
Yes, you may present the cheque to bank and if it bounces you may file a criminal case under Section 138 of Negotiable Instruments Act (Not IPC).

You may also file a case under Section 420 of the IPC but note that it is very difficult to prove the intention. Chances are you may not win 420 case.

In 138 case, you should be ready to answer how you got Rs. 3 lakhs in cash to be paid to a person.

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