bounced cchequeue

ashis (Querist) 11 March 2009 This query is : Resolved
sir i gave rs 6000/ to a person in kanpur he gave me a cheque but now cheque is bouncing i intimated him but he says that even law can not takeout ths moey from him now iam in bhuj and ib job so i cant go to kanpur as he gave me the cheque of kanpur juridictiondate. Date of cheque given is 1 jan 09 pls guide me .

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ashis (Querist) 11 March 2009
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Guest (Expert) 11 March 2009
If you had deposited the cheque in bhuj then you can filed the complaint after giving him the notice and giving him time for 15 days to repay the money from receipt of the notice.And still he failed to re-pay the amount of returned cheque then you can file the complained in the Court within 30 days through Lawyer. But here you had not mention whether you had deposited the cheque in Bhuj or Kanpur.But you can filed the complaint where the cheque is given, where it's returned, where it's deposited.And rest assured your money will be recoverd through court.

sanjeev murthy desai (Expert) 11 March 2009
Rightly sugested by Mr. Shailesh Jain

M. PIRAVI PERUMAL (Expert) 11 March 2009
I agree with Mr. Jain.

Srinivas.B.S.S.T (Expert) 11 March 2009
elaborate reply by Mr. Jain. Dear Ashis do follow the procedure suggested by Mr. Jain if you want to file a case under Negotiable Instruments Act., besides this you can initiate civil proceedings also for recovery of your amount.

MANISH (Expert) 11 March 2009
Dear Mr. Ashis,
The notice for bouncing of cheque has to be issued within 30 days of bouncing of cheque, wherein 15 days time for payment could be given.
Complaint could be made where the drawee bank is situated, from where the notice for demand of payment has been issued.
It is pertinent to mention that cause of action arose only on dishonourment of cheque. when cheque is presented next time, a fresh cause of action will begin and a fresh limitation period shall began to run.

PALNITKAR V.V. (Expert) 11 March 2009
I agree with Mr. jain.

ashis (Querist) 12 March 2009
IN ABOVE CASE OF BOUNCED CHEQUE THE PERSON GAVE ME THE CHEQUE OF ICICIBANK KANPUR AND WHEN I SHOWED IT TO BANK THEY SAID THAT THIS PERSON IS ALREADY HAVING RS 1200000 IN NEGATIVE TO BE PAID IN FAVOUR OF BANK THEN HOW WIL L MYYSELF WILL RECEIVE THE AMOUNT FROM SUCH A FRAUD (SIR KINDLY NOTE THE CHEQUE IS PAYBLE AT ICICI KANPUR(NOT THE AT PAR) WHERE I DO NOT HAVE ANY ACCOUNT MY ACCOUNT IS IN BHUJ ICICI BANK(AT PAR)
REGARDS KINDLY GUIDE ME THANK U SIR

A. A. JOSE (Expert) 12 March 2009
I am endorsing view of Mr.Jain.

Shyam Ji Srivastava (Expert) 12 March 2009
Dear Ashis,

If you wants I can contest your case as I
am practising in Kanpur. you may contact me om mobile 09839028040.
With Thanks,

Shyam Ji Srivastava
Advocate
Kanpur- U.P.

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