IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manoj Gowda   20 December 2018


i gave ₹200000 to a person by cash, he have the cheque

now he is telling, he had loss in business telling lies

he is just postponing the date

he has own house and good business

by only cheque can I get my money back


 9 Replies

Manoj Gowda   20 December 2018

will I get money

Manoj Gowda   20 December 2018

sir he tells the if you file a case you will not get your money back

Manoj Gowda   20 December 2018

it takes 10 year

Kiran Kumar (Lawyer)     20 December 2018

better go for S.138 NI proceedings once the cheque is dishonoured. Forget the 10 years period era.

even in S.138 NI proceedings too you have good chance to recover money.

visit some local lawyer and proceed as per advice given by the local counsel.

Siddharth Srivastava (Advocate)     20 December 2018

yes. if cheque validity of 3 months has not expired then you can file complaint U/s. 138 NI Act. If three months has expired then also you can file civil suit for recovery. consult a lawyer with details.

Shashi Dhara   20 December 2018

U submit the cheque if it bounces u file civil suit whichis better than criminal case..u take house and any other immovable property of him attachment before judgement.

Shashi Dhara   20 December 2018

Give cheque bounce case to intelligent advocate.he will teach lesson to both of u i.e. u &Ur friend for life Ur friend will remaind for life.

manoj   22 December 2018

To file NIAct Case, first you present the cheque before the Bank. If the cheque is returned with unpaid, make a demand for the payment of the said amount of money by giving notice to the drawer, regarding the return of cheque as unpaid. The said notice must be within thirty days of the receipt of information by you from the bank.  if you don’t get response from the drawer you can file NIACT case within mandatory period. As per your subsequent query, someone had suggest you that the case may delayed for 10 years. It is completely false.  Now the courts are working expeditiously  and also for 2018 matters the courts are giving schedules in civil matters for the speedy disposal. My advise you proceed with the court of LAW.




CELL NO 8686159292



Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 December 2018

Payments and receipts in excess of Rs.20000/- are prohibited under the Income Tax Act and the penalty is an amount equal to the amount of transaction.     Subject to this restriction you have the following options.

If the party has issued a cheque to you, present the same at your bank within the validity period of the cheque. If it gets cleared congratulate yourself. If the cheque gets returned, within 30 days you send a notice to the drawer of the cheque to pay you the amount. If he doesn't pay file a case in the appropriate court under NI-138. The belief is that he will pay as otherwise he will be sent to prison. No one can say whether and when you will get your money.

The second option is to file a civil suit in a civil court. Again no one can say whether you will and how long will it be before, you get your money.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query