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mamta s (house wife)     29 August 2012

Advice in cheque bounce case.

   Sir I am a widow lady from a small town. My husband’s friend took 45000 Rs.in cash from me some months back and he gave me a cheque dated 1 July 12. As the cheque date passed I contacted him for money. But he is not responding to my calls. So I deposited cheque and it got bounced. I am contacting him regularly but he is not answering my calls or meeting me. Now 2 months have gone and I thought to send him a notice. Following are my some queries:

1. As the cheque validity is till 30 sept 12. And Int have decided to send a notice to him in 1st week of September and demand for  payment in 15 days.

2. What if he doesn’t make payment and as in this process cheque validity period gets over. Will it be problem to me later?

3. Will I need a lawyer for sending notice, or shall make my own notice from the cheque dishonor notice format  available in this forum and get it sent from my cousin who is still practicing.

4. How many times i have to go to court.

5. Can I get some intrest on my amount.

 Please advice me. Thank you to all in advance.



Learning

 17 Replies

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     29 August 2012

Mamta ji , 

Its clear a situation of section 138 of NIA , today is the time to fight this case with very care from complainant side , so you please be in contact with some good lawyer in this regard.

Ratnesh kumar (Advocate)     29 August 2012

madam,

                i am trying to answer your qeries as per your question so the answer of your first question is

             (1)send him the legal notice as soon as u can and send it through any lawyer through registered post with a/d..and ask him to maintain the balance in his account within 15 days ..if he does not maintains the balance send him the reminder after again bouncing the cheque ..

           (2)if he does not make the paymeny file a criminal  case first  he might come to compermise other wise you have to file moner suit also but my suggestion is that u should file a crimal case with 406 i.p.c. added to it.

             (3)no u cant senf ith through yor cousin since he is practing so he had not became lawyer upto now, if u want to get the format or legal notice prepared i will help you without any cost , so if u need that tell me....

               (4) how many times is not confirm but you have to go to court sevral times/.....

                 (5) you can get penalty

Ratnesh kumar (Advocate)     29 August 2012

you can consider that penalty as intrestes or anything. but you have to be in touch with lawyer always

thanks and regards

ratnesh kumar

advocate

09835450455

09334185956

Sudhir Kumar, Advocate (Advocate)     30 August 2012

You questions:-

1. As the cheque validity is till 30 sept 12. And Int have decided to send a notice to him in 1st week of September and demand for  payment in 15 days.

 

Ans : You have to send the notice within 15 days of bouncing. If bounced for insufficient balance. In case 15 days are expired then deposit it again.

 

2. What if he doesn’t make payment and as in this process cheque validity period gets over. Will it be problem to me later?

 

Ans : Then you can only file civil suit if the debit is not more than 3 Yrs old.

 

3. Will I need a lawyer for sending notice, or shall make my own notice from the cheque dishonor notice format  available in this forum and get it sent from my cousin who is still practicing.

 

Ans : You will need lawyer to file complaitn in court.

4. How many times i have to go to court.

 

Ans : Can't say.

5. Can I get some intrest on my amount.

 

 

Ans : After this complaint you will be in a bargaining position.

Nagendra*** (Manager)     30 August 2012

Dear Attorneys,  I have a query .  Will the court ask for RBI Lending Licence in this case. I know its a hand lone and not a money lender business.  What other documentaion is required apart from the signed post dated cheque?

Prashant Ghai (Advocate) (PrashantGhai.com)     30 August 2012

The Cheque, Cheque Dishonour Notice Received from Bank, Copy of Legal Notice Sent by You, Copy of reply (if any) sent by the other person. You don't need the documents enquired by you. But you will need to satisfy the court as to why was the money given to the other person by you. Until the court is satisfied in this regard, summons won't be issed.

1 Like

mamta s (house wife)     30 August 2012

Thanks to all for kindly advice.

Sir can I say in notice that " this is final warning for payment in 15 days "  After 15 days can I file a case against him. Should I send another notice or one is enough.

And what about my cheque validity.

Sudhir Kumar, Advocate (Advocate)     30 August 2012

The notice itself is a warning. Final or interim.  DO not use emotional expressions in notice. One notice is enough if it is received.

 

The notice should specify (i) cheque No date and amount (ii) Bank on which drawn (iii) reason for his liabiloity to pay (iv) date when presented and date when bounced (v) reasons for bouncing (vi) notice for him to pay you the amount within stipulated period (pl check if it is 15 days or 1 month) (vii) you intention to initiate criminal proceedings if not paid. FIANLLY (viii) your full identity (ix) full indentity of the person to whom notice is being sent.

 

Beyond this nothing is to be stated.

Ratnesh kumar (Advocate)     31 August 2012

yes you should send him the notice as soon as u can. than the next step for u will come afyer 15 days so move quickly..

ratnesh

advocate

09835450455

R Trivedi (advocate.dma@gmail.com)     02 September 2012

Mr. Ratnesh,

 

Could you please withdraw your first response or amend it.

 

Regards.

Ratnesh kumar (Advocate)     02 September 2012

why mr. trivedi what is wrong into that

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     02 September 2012

I am confused too , how we can serve the legal notice twice for same cheque , once the said notice is rerved over the accused the only way is to make the payment in cash or through DD to complainant , there is no use to update his account with sufficint balance to reproduce the noticed cheque with in 15 days . 

Another , we can serve legal notice within 30 days to accused from the date we recieved the information from bank for cheque bounce . ( not in 15 days ) 

If this is only confusions in earlier discussions than be cool everyone , but if there is still something new pl share .

Thanks.

R Trivedi (advocate.dma@gmail.com)     02 September 2012

1. Once the cheque is bounced and notice is given, within 15 days, the drawer has to make the payment. If he does not make the payment only option with the payee is to file the case, he cannot get the cheque bounced again and create a new cause of action to save on limitation. Two notice will be fatal to the case, instantly.

 

Once the notice is given, payee should not get trapped by the sweet talk of drawer and deposit the cheque again.

 

2. Notice can be given to drawer by payee itself, no need to hire lawyer for notice, format is available on the internet.

 

3. There is no need to add another sections to complaint, S.138 itself is good.

 

4. Civil case under Order XXXVII can be filed, the payee will have to deposit the court fee but it is faster. Payee must have a good case for cheque. Both civil and criminal case can go together.

 

5. Complainant should not accept any cheque etc for compromise also, generally he should ask the drawer to make the payment/compromise statement to the court itself, this will ensure that accused gets bound fully.


(Guest)

Dear Mamta

Send notice within 30 days of cheque bounce.

and file complaint after given 15 days time period notice for return the amount. If he fail to provide you cheque amount within give time period.

Yiou can't claim for Interest. But court will provide you compebnsation amount till 5000/- you have to claim compensation.

Never send second notice, otherwise time will left. Notice is automatic keep and mention worning.

 

For mare help & guideline contact through  mail id .


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