Clarification regarding cheque bounce

prasad1857 (Querist) 21 October 2012 This query is : Resolved
Respected experts,
I sold left over steel after construction of my house to my relative, in return he given me a post dated cheque to that amount and due to close family relations, i haven't got his sign in on any paper in supporting the above given cheque. After submiting the cheque in the bank it got bounced and he is ignoring my repeated appeals.
My query is, is any supporting document required for filing case for cheque bounce and also advice me possible legal recourse so as to get my money back.
Thank you.

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prabhakar singh (Expert) 21 October 2012
Had you insisted for a sale note of credit,it could have been better but even if you do not have any such supportive document you need not worry as law presumes that cheques are issued against consideration.

Advocate Bhartesh goyal (Expert) 21 October 2012
You have to prove in court that accused had issued the cheque to you towards legally enforceable debt or liability.

Guest (Expert) 21 October 2012
Ossue notice to your relative to make payment clear his liability of the bounced cheque.

Rajeev Kumar (Expert) 22 October 2012
Issue legal notice then file a case in 138 NI Act.

Raj Kumar Makkad (Expert) 02 December 2012
I have similar opinion as expressed above.

ajay sethi (Expert) 02 December 2012
you have stated that accused is a close family relative . try to involve family elders in recovering your dues . if all talks fail then issue legal notice within 30 days of dishonour of cheque . in said notice mention that cheque was in discharge of debt due and payable . that steel was sold to the accused for the cheque amount . contact a local lawyer

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