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Ashish Shingala   02 March 2018

Cheque Bounce

My father had made a agreement before 4 years from his cousins & separated from family. In agreement it was clearly written that they are making payment by giving cheque of rs 15 lakh. The date was not mentioned on cheque. As
They was our family persons my father didn't take this matter seriously. After a 3 years of this agreement my father asked for a payment but they denied to pay amount. I had deposited cheque in my father bank account field with present date. Follow all the procedure & file a case under section 138. Now my uncle is saying take 12 lakh & close case. What should I do? If i calculated I had lost interest of 4 years plus I had wasted more than 1 lakh in legal procedure & advocate fees.. Please guide me..


 7 Replies

R.Ramachandran (Advocate)     02 March 2018

It is not clear what you actually stated in the Sec. 138 complaint.

It is also not clear as to what the accuseds have stated in their defence before the Court.

It is also not clear at what stage presently the case is?

Without knowing these details it will be very difficult to give any view in the matter.

(One thing pl. note that you are NOT on a strong wicket as far as 138 case is concerned).

Ashish Shingala   02 March 2018

I had send him a legal notice before 5 month asking to make payment within 15 days.. they had not responded to my notice so I had file case under section 138.. in present stage they had not appoint a lawyer also from there side..

Advocate Bhartesh goyal (advocate)     02 March 2018

since limitation to file recovery suit has been expired and now it time barred debt so complaint u/s 138 of N. I. Act is also not maintainable.Better settled the matter amicabily.

Ashish Shingala   02 March 2018

but sir I had deposited cheque field with present date. I heard that we can file recovery suit within a 3 years of cheque date.. cheque date is of 20/9/2017

Arvind Singh Chauhan (advocate)     03 March 2018

I go with Bhartesh Goyel Sir. As suit may fail in technical ground, it is better to settle the matter amicably.

Srinivasa Rao Yaramati (advocate)     03 March 2018

if your agriment contains cheque number then your debt is time barried, cheque no in your agrement and the cheque no you present in your bank is one and the same you will face problem in trail. so better to settle the matter amicably


SHIRISH PAWAR, 7738990900 (Advocate)     03 March 2018

It seems you have not filed cheque bouncing case yet then you can file civil suit for recovery before civil court. 

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