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Rachit   12 September 2018

Cheque bounce

Dear Sir/Mam I am Rachit, director of a small company based in Delhi. I recently started my business into manufacturing of plastic material. I started working with a company based in Noida against post dated cheques, initial payments were ok but after few months all the post dated cheques bounced. I have already filed a case against the company in the court, but the process is very slow. So I would like to know if there is any way I could take help of NCLT to put pressure or file any other kind of case on the company which has defaulted . So that there are parallel case running on that company both in District Courts as well as the one run by NCLT. Thank you in advance for the support. Regards Rachit


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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 September 2018

You can file a petiton as a creditor to that company in N.C.L.T., and file a criminal case against its directors. 

Siddharth Jain   12 September 2018

you can file an insolvency petition against the company in NCLT to recover your dues.

you can also prefer a civil suit under order 37 of the CPC, which can run parallelly along with your cheque bouncing case.

Also, a criminal complaint can be filed against the offenders with the police for the offence of criminal breach of trust and cheating under section 406 and 420 of the Indian Penal Code.

For any other queries feel free to contact me at isidjain1@gmail.com

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