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S.K.Sharma (HSE)     05 December 2013

Cheque bounce case filing in court

Two cheques issued to me by a builder company as refund money bounced. I gave them a Lawyer notice stationg to pay in 15 days otherwise will file a court case. They didnt respond and now I want to file this case in Tis Hazari cour Delhit.My lawyer says I have to hand over those original bounce cheques and cheque returned letter from bank and original stamp paper agreement between me and builder as this cheques issued were part of that agreement, to file this case in the court. I ahve to handover these to my lawyer so that he can submit these as original while filing this case in court.

My question is whether these original are required while filing the case in the court as If I handover the original to the lawyer, I will not have any proof with me except the photocopies.

Secondly, how much time ( Months or years)after filing the case may take this case to dicide?



Learning

 8 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 December 2013

Dear Querist

as per your information my opinion is as under

after filing the case apply for certified copy of the file before incharge coping agency tis hazari court and get the same these copies will be the best evidence/proof you have. time is depend on the proceedings, it may be six month or more

1 Like

Hardeep (Business)     05 December 2013

Pl see link hereunder  for what seems to be a good summary of what to do if a cheque bounces :

https://www.indialegalhelp.com/files/guidechequebouncing.pdf

As per that, you will see yourself, originals are required along with the Complaint. 

As suggested by Mr. Nadeem you can get Court Certified Copies for your record.

1 Like

S.K.Sharma (HSE)     05 December 2013

Hardeep thanks for giving the link which states all the requirements

S.K.Sharma (HSE)     05 December 2013

From that link , I come to know that certain amount of court fee is required to file the case  as shown here in Madhya Pardesh is as

When the amount of dishonored cheque involved in the complaint is more than Rupees Five Lakhs Minimum Rupees Twenty OneThousand, plus three percent on the amount in excess of Rupees Five Lakhs subject to maximum Rupees One Lakh Fifty Thousand

Would like to know what is fee in Delhi court and who pays that means I am filing this case against the builder who issued me dud cheques means I have to pay this court fee while filing the case or this fee is to be deposited later on?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 December 2013

in Delhi, there is only minimum court fee affix with the complaint is Rs.1.5

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 December 2013

I do agree with the views of Mr. Qureshi!

gurmeet singh (proprietor)     03 March 2015

Dear Sir,

Someone gives me cheque of third party and receive amount from me saying that he will returned me soon as he gaves me cheque so i hand over the amount to him, Now i want my money back but he is not answering exactly when to return, i deposit cheque two times in bank and it got dishonoured both times,

Now he issue me PDC cheque for april month and may month from his own account and told me to return the third party cheque but i want to issue notice to third party for returning my money .

 

Will it be correct for me 

gurmeet singh (proprietor)     03 March 2015

Dear Sir

Also i want to know that when cheque dishounoured two times .

Is it bank duty to gave address and contact no. of account holder.

and if bank deny to gave address of the defaulter what to do for issue notice to him/her

Regards

Gurmeet singh


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