silky1silky1 25 June 2016

Cheque bounced regarding

Sir,

I stay at Mumbai & had given business Loan to party at VIJAYAWADA ( Andhra Pradesh )

The cheque related to the party has bounced & he is requesting for time till december 2016.

He is willing to issue fresh cheques with blank dates to be deposited on his advice as & when funds are available with him, but with promise to clear the total by 31 Dec.2016.

Now please advice me do I take any undertaking on NON-JUDICIAL Stamp paper of Rs.100 from him with cheque no's mentioned.

What should be the content of undertaking.

Please advice accordingly,incase if he fails to clear before Dec.2016.The undertaking document should be valid enough to sue him in Mumbai courts.

kishore Achhpeliya

k1960@rediffmail.com

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6 Replies

JustAdvisor (IT) 25 June 2016

i am personally not in favour of you putting your ink on the cheque. mutually decide on a date and let him put it. as far as draft is concerned, go to any good lawyer in your area who will draft it for you - mention all details.

saravanan s (legal advisor) 25 June 2016

Cheque bounce case can be filed only till the cheque is valid.it is three months and so if you take an undertaking as mentioned by you that might help you to file a recovery suit if in case he doesn't issue fresh cheque

Nitish Banka (lawyer) 27 June 2016

onece the cheque is bounced then the procedure in NI 138 act should be adopted and if the cheque gets expired recovery suit should be filed

Advocate Nitish Banka

9891549997

AFZAL VOHRA (Law Officer) 30 June 2016

Proceedings under NI Act should be initiated immediately. As it is compoundable offence, on serving summons, the debtor will remain present and ask for settlement. And, of course it will take 2 - 3 months, so his promise to pay before 31st December will also be fulfilled.