The Negotiable Instruments Act, 1881 is applicable for the cases of dishonor of cheque. According to Section 138 of the Act, the dishonor of cheque is a criminal offense and is punishable by imprisonment up to two years or with a monetary penalty or both. The payee has to send the notice to the drawer with 30 days from the date of receiving the “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.
I have some query against the same type of case .so please help me to find a situable option and I hope no other place is better than this that I had brought a land from property dealer later 3 years but that time I paid all his land value and after some days I had found that is illegal. Then further he gave me blank cheque, written statement on notary but I had not complained due to fear. We are talking daily on phone calls but he daily fails to returning my payment on commitment day and he has promising me daily to complete your payment tomorrow but the day comes he denied and extend to new date. So I need help.