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Manoj (Freelance )     24 March 2014

Cheque bounce need help

Dear Sir. I put a cheque in the bank for 1 lakh rupees but it bounced and the person who i gave the cheque to has told me he will revert back but he is not answering my phone nor is he giving me a date when he will give my money. 

 

I went to meet him. But he is not there. The neighbours tell me that he is not at home since a month. His phone also has been switched off since more than 1 and a half month. 

 

I know this person and i gave him cash which i had to borrow from others.  i don't have any proof only that i got this cheque at the time of giving him cash. He was giving me an interest every month in return.

 

 

What should i do. I hava a few sms which says, C to rtn capital aft payout so assuming 11/1 also as mid point u can rcv ur principalfunds to b rtned by say 2/2 so will arnge for that. 

 

What should i do. Can i send a notice to him. But he is not at home currently and what could the outcome be. Its been 20 days since i got the cheque back from the bank. Should i let him know that i am going to send him a notice for the bounced cheque. What could be the outcome and how much expense would be incurred if i was to send him a notice and file a case against him.

 

He sometimes replies to my mail. This guy doesn't seem to care. 

 

Thanks for all your help.

 

Regards,

Manoj 



 7 Replies

Sudhir Kumar, Advocate (Advocate)     26 March 2014

Proof?

 

you already have a cheque which is bounced which itself is a proof of his liability to pay you.

 

You are a great help to him.  You did not have means to help a person who could nto raise debit for himself.  You borrowed money from others and gave to unsound person.  His cheque is bounced and you have allowed 15 days to expire now you cannot issue notice.   You have to deposit cheque again and get it bounced again and then think of criminal proceedings.

 

criminal proceedings

You can move us 138 MI Act. It is non-cognizable offence.  You have to provide his address to the court where they send him notice/warrant.  You do not have his address.  Even your notice will come back.

 

You can consult your lawyer on feasibility of criminal action on cheating which is cognizable offence and police can find him. They can even obtain details of introducer from the bank

 

Manoj (Freelance )     26 March 2014

Dear Sir, Thanks for your reply. From what i have heard that when the cheque gets bounced, i have 1 month either to represent the cheque or to issue a notice.

This persons address i have but he is not there for more than a month now.In other words he knew he didn't have the money to pay me so he kind of ran away from there. I don't know where he is now. What should i do. Can i still issue a notice and what if there is no one at home and notice comes back. 

Any idea sir how much would it cost to send a notice. 

 

Thanks for your help again. 

Regards,

Manoj 

 

 

 

Sudhir Kumar, Advocate (Advocate)     15 April 2014

You can consult your lawyer on feasibility of criminal action on cheating which is cognizable offence and police can find him. They can even obtain details of introducer from the bank

SANJAY GUPTA (Advocate)     18 April 2014

As your cheque got bounced more than one month you have to you have to present again for encashment and you can file  cases under section 138 of N.I.Act and  420 of I.P.C also.

advocate Avdhesh chaudhary (advocate/ legal consultant)     24 April 2014

dear client, you have to give legal notice through advocate with in 30 days of dishonour of cheque mind it you have got only tree months of time as after this you can not present your cheque to bank thus you can not proceed under 138 of NI act. in 138 case there is time limit fixed for each of action like filing of complain etc. so I sincierly  advice to contact advocate immediately & proceed as per instruction . if you feel in need of help you can contact me on 09891507137. Adv. Avdhesh chaudhary    

Sudhir Kumar, Advocate (Advocate)     14 May 2014

agreed with experts above

Kiran singh (Lawyer)     11 June 2014

Cheque bounce is not a common or ignorable offence, there are numerous online website that provide fruitful knowledge and solution about cheque bounce. Here you can choose one that fits your budget.


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