sudhakar (others) 24 December 2011

Cheque bounce

Sir, One of my friends orally, not by any promissary note, is indebted to me a sum of Rs.100000 /- for which he has issued a post dated SBI crossed cheque of Sullurpet branch, Nellore Dist,AP to me. I am a resident of Hyderabad. But later I came to know he has only a minimum balance in his account. I have not so far submitted the cheque for realisation. In these circumstances, would you please suggest me if I can take action against him through the Police after getting the cheque bounced. If that be the sittuation, am I allowed to file the police complaint in Hyderabad ? or am I pemitted to file the case in Sullurpet only? I am aged 64.

Same is another case with one of my friends in Hyderabad with the same person of Sullurpet, except he has a Promissary note along with the cheque. Pl. suggest your valluable advice in his case also.

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3 Replies

sandeep gangwar (AUDITOR) 24 December 2011

On the dishonour of a cheque, one can file a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of code of civil procedure( which is a summary procedure and) can also file a Criminal Complaint u/s 138 of negotiable instrument act for punishment to the signatory of the cheque for haring committed an offence. However, before filing the said complaint a statutory notice is liable to be given to the other party.

vipul vakharia (advocate) 24 December 2011

you can not file complaint directly to police. You have to give statutory notice for demending the cheque amount to the drawer of the cheque with in 30 days after the return of the cheque. If the drawer of the cheque after receving the notice will not pay the amount than you have right to file complaint in the appropriate court. The complaint may be file at where you reside and you have a bank account. But before that you have to read the following judgement. by Our Hon'ble S C 1.... K BHaskaran case 1999.---- 2..... Ishat alloy steel case 3... Haman electronocs v. National Panasonic .