sunil (prop) 03 November 2012

Cheque bounce u/s 138

A friend of mine gave a builder goods worth a around 50 lakhs and got a cheque . When he presented the cheque it got bounced. The builder refused to pay nd he sent a notice under section 138. The notice was returned undeliveded with remark person not found or available. My question is that if my friend goes to court and after he got the notice served after 3-4 months and the builder agrees to pay on first date what will happen to the interest he is giving to the bank and fees taken by the advocate for his service, If he refuses to tak themoney and presue the case he will have to bear the interest and also loss in business. Please help

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4 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 04 November 2012

WHAT A IMAGINATION. !!!

DO NOT DREAM NOW.

ONLY ACT NOW.

FILE 138 N I CASAE IN COURT.

DECIDE ALL YOUR IMAGINARY ALTERNATES LATER, WHEN OPP PARTY OFFER U.

U CAN ASK 1 CR , IN PLACE OF UR 50L!! WHO STOPS U???

DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com) 04 November 2012

If the address is not available how court summons will be issued.

More ever on what basis goods for such huge amount were given and amount was kept due and still the address is not known.

sunil (prop) 08 November 2012

Sir he had been dealing with the party since 2-3 years and the address is correct but he might have refused to accept or might have told the postman that the person does not live there. Also a spped post notice was also senrt which did not returned.

madhu mittal (director) 11 November 2012

If you got amount on first hearing, you will be one of the most luckiest persons who lodged complaint u/s 138 N I Act, first of all you should take the money of face value of cheque and if you are not satisfied withount interest file a recovery suit for interest, but in my sincre advice, never refuse so big amount only for interest, this is practical approach, as per law also no creditor can refuse in taking amount which is being given by debtor, if he refuses, he will not be entitled for interest on the amount which he refuses to take from debtors. As per supreme court ruling if any drawer of the cheque claims not getting notice u/s 138, he can pay the amount of the cheque withing 15 days of receipt of summon from court, he may be absolved from the offence u/s 138.