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(Guest)

Check bounce case - need some info

i had loaned a money of 13k to my coworker a year ago..i also collected 2 checks from him 5k and 5k each.
now, he is making me run after him for collecting it. no responding well..
can i just deposit the check and file a criminal case on him.
is check bouncing taken seriously by the authorities and how long does it take to get the check bouncing case resolvd these days..what will be the procedure followed..
i really dont want to take this route..but he is making me run behind him for about 7 months.
in case if he agrees to pay the money back after a case is filed, can i withdraw the case back..what is the procedure followed..is police needs to be involved on this.

 



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 July 2013

You have to deposit the cheques in time. You inform to your friend about the deposits. If the cheques were returned from the bank, You have to send a legal notice through a lawyer within 15 days from the date of receipt of cheque return intimation.

1 Like

Narendra Malik (advocate)     20 July 2013

what is the date of instrument ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     20 July 2013

Dear Querist

first of all present the cheque before bank for encashment and if the cheques got bounce then send a legal demand notice to him within one month from receipt of information received from bank and after 15 days of the notice you can file a criminal case against him within one month. there is no specific time limit for resolve/disposse off the case. it may be 1 year, two year or above.

read section 138 of N.I. Act

Feel Free to Call

prithvi kiran (Advocate)     20 July 2013

Cheque validity - 3 months Legal notice - within 30 of dishonor or receipt of endorsement from bank 15 days time for him to make payment or to deny the allegation by you . Within 30 days you have to file case before magistrate from the date of you receiving hid legal reply notice! Since amount is 13000 highly advisable to settle the matter outside court

virat (C.E.O)     22 July 2013

sir i had gave 2 blank cheques for sucurty pupuse wille aggrement, he took a contract work, after some days he stoped the work and told to give some money to start work but we not aggred to give money, without our notice he only wrote amounts and date in the cheques cheque and submitted it was bounced, after that he send notice under NI act. in that notice he tells by the mediator stelled the amounts and u told to subbmit the cheques so we subitted. acutally we not meet him personaly past 6 months. so pleas give suggestions.

 

Regard

VIRAT


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