Upgrad LLM

bounced cheque


Hey everyone..

I have some cheques which are bounced.. I have been asking the borrower but he is refusing to pay back my money. Other than the bank cheques i don't have anything as a proof.

Please help me to know how to lodge a case against him. Do i have to hire a Lawyer?

Urgent...!

Thanks.

 
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Principal Partner

 

Dear Mr Hoda,


Your remedy is complaint u/s 138 of N.I Act. It would be adviced that you engage a lawyer in your city, as proceedings though are simple but as there are may Judgments on almost every aspect of the proceedure, in which only a lawyer would be the best to take care.


The proceedings start with issuing a notice to the accused, the contents of the notice have to be drafted keeping in view all the aspects of your case, as it would not be possible to chance stand in contradiction of the notice while drafting the complaint.


In notice it has to be clarified that the opposite party has to clear the amount within 15days of notice failing which you will file complaint u/s 138 of NI Act.


If the payment is not made in 15 days than within 30 days thereafter you have to file your complaint in court. Again Jurisdiction is another important aspect in filing of the case.


The above provisions can only be attracted if the cheques have bounced either for insufficiency of funds or


"Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall without prejudice to any other provisions of this Act, be punished with imprisonment for 2["a term which may extend to two year"], or with fine which may extend to twice the amount of the cheque, or with both:


Provided that nothing contained in this section shall apply unless-


(a) The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier.


(b) The payee or the holder induce course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, 3["within thirty days"] of the receipt of information by him from the bank regarding the return of the cheques as unpaid, and


(c) The drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.


Explanation: For the purpose of this section, "debt or other liability" means a legally enforceable debt or other liability]."


I hope your query is satisfied.


Regards,


Zaryab Rizvi (Advocate)

99997-84700


 
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ADVOCATE

Cheque without proof of debt.  You must secure some sort of proof of debt.  Other wise, you may lose your case. 

 
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Cheques must have been issued towads legally enforceable debt or liability,if it  is not so then no complaint lies.

 
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thank you sir for your reply and suggestions..

i have some sorts of proof... on my mobile in which he says that he will return my money soon and all..

Sir, the cheque is issued in Jharkhand... Presently, i live in bangalore... can i file a case here in bangalore.

 
Reply   
 

 

Sir Zaryab J Rizvi

thank you sir for your reply and suggestions..

i have some sorts of proof... on my mobile in which he says that he will return my money soon and all..

Sir, the cheque is issued in Jharkhand... Presently, i live in bangalore... can i file a case here in bangalore???

 
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