Cheque bounced outside india


 

 I have a cheque issued by my friend which is bounced on presentation in Sharjah, UAE. The person who issued the cheque is left Sharjah and is in India now. I had filed a case in UAE and the case is waiting for this person to come to UAE to proceed with the case or arrest him. This person is happy living in India !. I was contacted by some Debt recovery organisations in India and said that they can get the cash from this person if I agree. Is that Legal or will I be in Trouble.? WHAT IS THE RULE ON THAT ?

How can I file this case in India ?
Can I file a case in India on a bounced cheque in UAE ?
The value is Rs 5 LAKHS.
Please advice

 
Reply   
 
Corporate Lawyer

No, you can not file a complaint in India on a cheque bounced in UAE U/s 138 N I Act, as the offence took place outside the jurisdiction of courts of India.

But if the cheque is within limitation and if you have an account in India in your name with any Bank, then you can represent the said cheque and if dishonored, file a complaint u/s 138 N I Act.

As regards the Debt recovery organizations are concerned, they cannot take up recovery of personal recovery as per the norms of Reserve Bank of India.


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practising Advocate

1)      Pursuing the case vigorously in UAE is a better option.

2)      Representing the check ,through another bank is not advisable, as the matter of dishonor of check is already Sub- judice / under litigation, though in foreign land.

3)      Donot get in to the trap of Debt Recovery Organisations follow the legal route only.

4)      Bouncing of check in foreign action in India

5)You cannot file the case under section 138 of N.I.Act in India for a chek bounced in U.A.E.

 
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Advocate/Lawyer

Adv. Cheema is right .......... and i agree with him

 
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ADVOCATE

if you are sure that your friend would return to UAE and face the consequences of the bounced cheque, then it is worth waiting. however, if he has coolely decided to remain in india only , then you may have to rethink within the limitation period only . assistance from recovery agents is full of pitfalls.

 
Reply   
 
Corporate Lawyer

I second the opinion of Shri. Cheema. In the event you have already preferred a case in UAE then in such event, you can neither represent the cheque nor can you proceed for any other case in India as I suggested earlier.


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