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pathik patel (owner)     21 August 2012

Bounce check

respected sir,

i have given 8,00,000 lakhs to my cousin for his business and he told me that u will get your money within a month. for that he give two cheques and both are now bounced and he threating me.

if i will go to police and file a case against him that his both cheque are bounced and when i m asking my money he is threating all time.

than can police help me in this case and there is how many chances to get my money back?

please reply me....... 




 9 Replies

Arvind Singh Chauhan (advocate)     21 August 2012

You have to issue demand notice as suggested by Mr Ashis within 30 days of date of bounce of cheque don't waste time.

JANAK RAJ VATSA (ADVOCATE)     21 August 2012

issue the demand notice to your friend within 30 days of the bouncing of the cheque. if he fails to repay, file a case u/s 138 of NI Act  in the court.

Trivedi Advocate (Manager)     21 August 2012

Dear patel ji,

As you stated about your query, Police cannot provide you any type of help. Only by court you can get relief as ashish sir gave you fair advice on the same.

And one more important thing is don't trust to anybody even neariest relatives.






Dear Querist,

Appoaching the police for cheque bounce is a mere waste of time and money.It is of no use.As far as threatning is concerned,you can lodge a crimnal complaint u/s 506 ipc and 439 crpc for criminal intimidation.Send a legal notice immediately for the cheque dishonour.

pradyot kumar goswami (Ex legal practitioner)     21 August 2012

Dear Mr. Patel ji,

please act accordingly as per advice of Mr.ashis without delay

Well Wisher (analyst)     24 August 2012

Now watch the bad part of my life.

1. I sent a notice to second party for pay or i will file criminal case.
2.The second party did not reply.
3. I had to approach court and first date came after 4 months of the Notice.
4.The second party did not come to court, and Judge issued a billable warrant which he recalled paying some small amount to court.
5.Both party approached court and Judge asked the second party did he take the money he said no and judge said him to appear the court with security of my 5 lackhs in next date and next date was after 2 months,
6.After 2 months he came with some third person security and paid some 10000/- in court and next date after 45 days.
7.Next date the writer of the court did not come and next date after 30 days.
8.The second party did not come to court and next date after 40 days.
9.Judge did not come and next date after 30 days.
10.Both party came and all the documents were checked and next date after 45 days.
11.Next date the examined me and asked me the same things which i submitted and next date 45 days.
12.Next date the other person was examined and next date after 2 months.
13.Next date the advocate of other side raised a counter that he did not see the documents submitted by us so we gave him one copy and next date after 35 days.
14.Next date he saw all the documents and he said the case is of 5 lack and i have submitted 2 cheque the Judge interfered and suggested my advocate to link the cheque and next date after 30 days.
15.The opposite advocate raised a counter that did i show this amount in IT if given to him, i was lucky that i have done that so judge gave next date after 35 days.
16.Next date second party did not come and Judge gave serious warning and next date 30 days.
17.Next date second party did not come and submitted a medical certificate that he is ill and next date 50 days.
18.Next date both party came and Judge came to some final decsion that all the documents submitted by me are genuine so pay or go to jail and next date after 30 days.
19.Next date his advocate came with counter that the second party taken money and now he has no money, Judge gave one more warning and next date 60 days.
20.Atlast Judge mercy on me and said will pay or go to jail he said he will pay after 6 months Judge opposed and said no and gave him 30 days time to pay or go to jail.
21.He pulled the case again to High court and first date came after 3 months in High court.
22, First day same story like lower court and again 3 months date. – same old storied and atlast High court after 2 years gave the same decision what lower court gave
30.The second party agreed to pay in that time.
31.I have filled civil suit for recovery for it and still its running in court


Dear Naveen,

I know  a case u/s 138 NI Act, running since 2002, still in examination stage.

Nagendra*** (Manager)     29 August 2012

what documents are required to file a case (138) in the court?  Can the borrower argue the case him self? or an attorney presence  is mandatory

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