part payment after dishonour of cheque

anupam sharma (Querist) 28 July 2010 This query is : Resolved
a cheque of Rs. 3,60,000/- was dishonoured and part payment of Rs 2 lakh was done from an unknown account.The creditor sends the messege to debtor acknowledging receipt by SMS.The debtor is not in contact now.How to recover the the remaining amount???? is 138 NI applicable???

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Guest (Expert) 28 July 2010
YOU MAY SEND A LEGAL NOTICE AND DEMAND ENTIRE AMOUNT DUE.FILE A CIVIL SUIT IN THE CIVIL COURT FOR RECOVERY OF ENTIRE AMOUNT WITH INTEREST AND FOR LEGAL AND OTHER EXPENSES AND COST AND COMPENSATIONAN AND DAMAGES.
TO PUT PRESSURE ON ACCUSED,
YOU MAY SEND THE LEGAL NOTICE UNDER SEC.138 OF N.I.ACT AND DEMAND ENTIRE AMOUNT OF CHEQUE AND FILE THE COMPLAINT IN LIMITATION PERIOD.LET THE COURT DECIDE THE MATTER.THERE ARE CHANCES OF RECOVERING THE AMOUNT IN COURT ONCE ACCUSED IS PRODUCED IN COURT BY POLICE.
GOOD LUCK.
KINDLY SEND DETAILS OR WRITE OR CALL OR SMS.FOR HELP.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

DEFENSE ADVOCATE.-firmaction@g (Expert) 28 July 2010
With due respect to experts, please note that the law is a double edged sword. Be careful otherwise you will be hit.

In a smilar case we have filed a case of extotion against the creditor and he is running from piller to post for anticipatory bail.