Cheque bounced


Sir/ madam, Pls guide I have given money to my friend without any interest now almost 7 months have been crossed post deadline of six months. I had put the cheque she has given against it which is bounced. Now please guide can I file legal suite for recovery of the said amount. Further i want to file one more case for return of money alongwith interest and compensation for harrassment i have faced because i have been bearing expenses for follow up and run around. Please guide in detail
 
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Dear Sir,

I would like to suggest you file a suit under 138 Negotiable Instruments Act and under that suit, you can claim principal amount and interest along with compensation for harassment. 

 
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Retired employee.

And also ensure that you have disclosed the sum in your account books and having sufficient evidence to rebut and establish your rights in case of his other claims if any by such friend.

 
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Scientist/Engineer

Within 30 days of the return of the cheque unpaid you have to write to the person who issued the cheque to pay you the amount. Only if the person still does not pay action can be taken under NI-138. If it is more than 30 days since the return of the cheque action under NI-138 will lapse. Thereafter you can file only a civil suit for recovery.

 
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Sir/madam, I have transferred some amount from my wife's account apart from cash. It is not mentioned in agreement that amount transferred from my wife's account. Though it is mentioned that some amount received in cash. Will this have any negative impact on my case?
 
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Retired employee.

Every transaction invariably discloses the payee's name and you can obtain such certified copy from the Bank for producing it in case of denial.  The burden of proof is on drawer of the cheque and this information supports as documentary evidence of consideration, in case the other party denied receipt of any amount.  I do not think that this makes a difference, but keeping all certified copies helps you for production with your statement.

 
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Dear sir/ madam, Now local lawyer is saying that since you have transferred major part of money from wife's account and her name is not mentioned in the agreement this case invalid in view of court. Now he is saying that we have to make her(my wife) party by her involvement in this case. Pls suggest and guide
 
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Retired employee.

With due respects to the learned local lawyer, the burden of proof that a cheque was not given rests on the drawer of the cheque, as consideration is a presumption in Negotiable instrument act.  The issue is on bouncing of the cheque.  Only the drawer and payee are the parties.  To issue a notice all these formalities are not necessary.  First issue l Registered otice as per the prescribed format as is available in several websites or search in google.  Let him deny and then contact another advocate for the second opinion on the basis of response received by the drawer of the cheque.

 
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