Cheque bounce

Originally posted by : Dheeraj SHah
	Hi, I have a garment store, during demonitisation period, a person di purchase of 15419/- amount of clothes on 18.12.2017 and requested to accept a cheque for payment. i put the cheque for clearing but it got returned due to insufficient balance. i contacted the customer, he made sure he will send the payment, kept giving excuses. today i called him again and he tapped my phone the moment i told my identity. i have couple of recordings also where he has agreed to pay me.  what can i do.

You file cheque bounce case on him.

He will most likely come to court and say he will pay 100 rs per month.  

or me  might not turn up in court, you can get warrant issued.  Hire good advocate.

 

Trust him for  sometime. If he doesn't turn up with your money initiate section 138 NI Proceedings after giving a notice to him.Or file a cheating case inj nearby police station.

Once the bank has return the cheque, i.e. the cheque has bounced, you are required to send a letter (demand notice) within 30 days of such bouncing to the party who wrote the cheque (the drawer) threatening to initiate proceedings under the Negotiable Instruments Act in case the amount is not paid within a stipulated time period (usually 15 days).It seems you have not done so. Go for another option, file a cheating case in nearby police station. 

Originally posted by : Rama chary Rachakonda
	Once the bank has return the cheque, i.e. the cheque has bounced, you are required to send a letter (demand notice) within 30 days of such bouncing to the party who wrote the cheque (the drawer) threatening to initiate proceedings under the Negotiable Instruments Act in case the amount is not paid within a stipulated time period (usually 15 days).It seems you have not done so. Go for another option, file a cheating case in nearby police station.

As the cheque bounced on 18.12.2017 he has not snt the notice and has not taken any legal recourse till date .

he can again present the cheque in Bank, get the same bounced if balance is insufficient
and now he can go for notice under section 138  and the process thereafter.

What all are talking about?. 18.12.2017 is to yet come. We are still in June.

By now (as explained by Mr Ramachary) the scope for action undr S/138 of NI Act is gone.

 

Chques these days are valid for 3 months.  It is not clear if the cheque is otherwise not time barred apparently it cannot be presented now.

 

You have missed the bus.

Now option available with you :-

(i) criminal case for cheating

 

or

 

(ii) civil suit for debt.

 

or

 

(iii) both the above.

This is a clear case of cheating. But you have to act fast without wasting time here.

What casual approach by few here... 1. Of course it is 18.12.2016. 2. Cheque is dead for S.138 due to 3 months validity issue. So options are.. 1. File civil case under order XXXVII, this is faster for cheque money. It shd be done immediately, before 18th June. 2. File cheating case.