Upgrad LLM

am i helpless


i got a cheque from a company guy of rs 1500 but the cheque got bounced as there was no cash in that account..i dont know what to do. can i file a case against him and move aginst him legally.

my issue is not that 1500 cash  but i want to teach him a lesson so that no other person gets cheated like this.there are many of my friends who have the same query

can u pl help me out

 
Reply   
 

YA YOU CAN TAKE LEGAL INITIAIVES SO AS TO DETER OTHER FROM COMMITING FRAUD WITH INNOCENT INDIVIDUALS

 
Reply   
 


Principal Partner

Dear Mr Nitin,

 

You can file a case under section 138 of N.I Act. Please note that the said provision has been discussed in detail by the Courts and has many provisions which you need to comply with. 

 

You have to present the cheque for clearing and have to send legal notice to the opposite party within 30 days from the date of bouncing of the cheque. The said notice should clearly specify the details of the dispute and it has to be clearly communicated  that the in the event the said payment is not cleared within 15 days from the date of receipt of notice you will initiate action under the above stated provision. 

 

If the company fails to clear the dues within the above time, you have to file a criminal complaint in the appropriate court as per the law. That the said complaint has to be accompanied by the pre summoning evidence which would include the original cheque, the memo of the bank stating the reason for bouncing of the said cheque, documents supporting your claim, copy of notice along with the recipt of the postal department. 

 

the Court upon satisfaction will issue summons to the said company. There after summary proceedings would be initiated against the said company. 

 

Wish you luck in your fight.

 

Regards,

 

Zaryab Rizvi

9999784700

 
Reply   
 
Principal Partner

Dear Mr Nitin,

 

You can file a case under section 138 of N.I Act. Please note that the said provision has been discussed in detail by the Courts and has many provisions which you need to comply with. 

 

You have to present the cheque for clearing and have to send legal notice to the opposite party within 30 days from the date of bouncing of the cheque. The said notice should clearly specify the details of the dispute and it has to be clearly communicated  that the in the event the said payment is not cleared within 15 days from the date of receipt of notice you will initiate action under the above stated provision. 

 

If the company fails to clear the dues within the above time, you have to file a criminal complaint in the appropriate court as per the law. That the said complaint has to be accompanied by the pre summoning evidence which would include the original cheque, the memo of the bank stating the reason for bouncing of the said cheque, documents supporting your claim, copy of notice along with the recipt of the postal department. 

 

the Court upon satisfaction will issue summons to the said company. There after summary proceedings would be initiated against the said company. 

 

Wish you luck in your fight.

 

Regards,

 

Zaryab Rizvi

9999784700

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x