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krish (professional)     12 September 2012

Cheques bounced

Sir, We have written memorundam of understanding on stamp paper and I have done all my transactions account to account and by cheque. I have given the secured hand loan (with the land mortgaged on my name in the registered office) to a friend and he repaid partly in the principle amount and for the remaining he has given cheques. Those cheques are bounced when I deposited. I have presented in the same bank where he has the account, teller looked at the cheques and returned the cheques with insufficient funds as memo for each cheque. Is this memo sufficient to fight cheque bounce case? He is continuously postponing and if I ask him about it, he is telling that not going to pay the remaining amount (or) giving some date and saying there is some problem in paying back. I have email evidences that we communicated between us with the amount due. Is the email evidence valid in the court of law for communication that how much he is due? please suggest some good lawyers in cheque bounce and land litigations in hyderabad. How do I recover my money?

Do I need to represent the cheques again before going for a case? When I checked the statement of my account it does not have the credit and debit of the cheque amount as it is from the same bank, but the charges for return cheque unpaid was charged to my account with cheque numbers mentioned. If I am going for a case, is this proof sufficient?

The cheques are stamped with that bank and again at the back of the cheque it was mentioned that all stamps are cancelled because there was no funds in the account.

How long does the cheque bounce case take? please advice on this matter.


 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 September 2012

If you want file a criminal case , you to follow the procedure.  You will have to send the notice within 30 days from the date of cheque bounce by giving him 15 days to pay the cheque amount and after 30 days  from the next date of 15 days ends you will have to file criminal case.

sridhar pasumarthy (ADVOCATE)     12 September 2012

Dear Krish,

E mails are admissible in evidence in a court of law.

You have not mentioned the date of cheque and date of dishonour of cheque by the bank.

You must issue notice demanding the cheque amount within 30 days of receiving information by you about the dishonour.  If 30 days time is expired  you shall again present the cheque and issue notice to him.  Rest of the procedure was already suggested by Rajoo Sir.

You can also file a civil suit for recovery of money besides cheque dishonour case.

krish (professional)     12 September 2012

Thanks for the reply. Date of cheques are 23/06/2012, 30/06/2012, 09/07/2012, 23/07/2012, 31/07/2012. Date of dishonour of cheque 11/09/2012. Another cheque is 09/06/2012 and dishonur date is 06/09/2012.

When do I need to present the cheque again?

krish (professional)     12 September 2012

Thank you very much Rajoo Sir. Are the cheques presented within the same bank valid for the proof of dishonour (or) does it need to be always intra bank transfer?

sridhar pasumarthy (ADVOCATE)     13 September 2012

No need to re-present the cheques as you are within 30 days from the date of return.  So, consult a lawyer and get a notice issued to the drawer of the cheque.

Presentation of cheque for collection may be either to the same bank or through another bank. 

krish (professional)     14 September 2012

Thanks. Could you please let me know any good lawyers in hyderabad?

krish (professional)     15 September 2012

I have met the person and asked about the cheque bounce he is saying that he is threatening me and saying not going to pay the amount and used manhandling and pushed me out of the office when I went to his office and saying that I should not come to his office. I have only went there to meet him to ask about the cheques. Other than cheque bounce can I book case against this one also? He is torturing me like anything. Can police help in this case?

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