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hiten (director)     16 July 2013

80 Lacs bounced cheque

Hello All

Company vs Company

Just a simple question here is dates of action

1. Augest 2012, Date on Cheque

2. Sept 2012 Got bounced

3. Oct,Nov,Dec,Jan 4 times more bounced ( Its just matter of fact he was good in giving excuses)

4. Feb 2013 Final Bounced

5. Feb 2013  notice sent.

We have not fillied the case yet due to LATE  paper work issue (Something to do Forgin Company ...)

We are in July 2013, I guess we can file an recovery suit against them but can we do something with Bound Cheque to bring him in Criminal Offence.

We have not just got an bounced cheque we have full supporting documents where he agres to pay that amount in full plus any other charges


Any reply appricated




 4 Replies

vivek malhotra (Advocate)     16 July 2013

No now you can only file a civil suit for recovery of the said amount and you have to pay the court fees upon the same and the same can only be filed in the Hon'ble HIgh Court as the amount is Rs.80 lacs lower courts have no jurisdiction.


You have done very big mistake by not filing the case U/s 138 of N.I. Act.


Note : If the said business transaction is bases on invoice/bill so make sure the Civil Suit be filed under the Provisions of Order XXXVII CPC.


VIvek Malhotra


advocate praveen (prop.)     16 July 2013

try to file complaint u/s 420.


1) for civil cases there are defferent limits in various states.


2) Even you file IPC 420 or NI 138 and even in civil cases  the accused will ask for source of funds.

ravisankar (advocate)     17 July 2013

You can file a complaint u/s 138 NI act, along with delay condone petition.

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