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Sridhar V Sridhar (Employee)     12 April 2023

Cheque bounce case

Received a crossed cheque from a private limited real estate company, authorized signed by a director on it.

This cheque is taken for the refund of an amount, on result of cancellation of sale of flat agreement. 

The cheque is bouncing, My doubt is :

1. Do I file a suit against company or against a person who signed on it in his director capacity ? 

2. If file against any one situation, to what extent the liability will go on, in recovery of amounts.

3. This issue comes under civil nature or criminal? 

4. Do I required to pay court fee, to file a suit ?

Thanks

Sridhar



Learning

 3 Replies

Real Soul.... (LEGAL)     12 April 2023

Since that is cheque bounce case you should immediately issue a legal notice Under Sec 138  and file the complaint in court within one month. You must contact a lawyer .  No court fee required

 

Mean while you should file suit for recovery of money – court fee applies

1 Like

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     12 April 2023

i suggest you you should file case under 138 ni act, because when you win the opposit party will pay double the amount of the cheque as punishment... and he will also get imprisonment ... no court fee in 138 ni act cases...

yo need following documents

1. bounced cheque

2. return memo from the bank.

3. legal notice along with the postal receipt

4. proof of liability

5. any other proof to prove your case

1 Like

Saleem Amin Ibni Noorul Amin B   17 April 2023

Since the person was an agent of the company the case can be against company An agent, in legal terminology, is a person who has been legally empowered to act on behalf of another person or an entity.

You have a choice to file either under section 138 of negotiable instruments act further you could go with Simple Money Suit or Money Suit under Order 37 of the C.P.C. for the recovery of amount involved in the Dishonored (dishonoured, bounced) cheque / check.
1 Like

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