cheques issued but no sufficent fund


respected sir /madam  

                                        i had issued cheque of rs 90000 to a firm  for purchasing  hosiery  goods  but the propritor of firm return me cheque  amount of rs 90000 after one month as he has closed his manfacturing work and  selling his factory  .  on the date of presenting the cheque ( as local clearing and same bank )  bank officer says this a/c has no funds and than i call him and he says i will pay after two days , than after two days he gives us rs 45000 cheque of same day  and one rs 45000 cheque of next day but now he is not  paying rs 45000( no funds in his account) , niether he is picking phone nor he is giving right answer  and using my money for one and a half  months . can i get yours help to get my money back .i want to mention  here that person is not financially week .

mayank walia

ludhiana

 
Reply   
 
Lawyer

Dear mayank,

you can deposit the cheque in your account and in case the same is rejected on grounds of insufficient funds, the same amounts to am office under section 138 of the Negotiable Instruments Act. you can initiate legal proceeding under section 138 of the Negotiable instruments act on the said basis.

 
Reply   
 


Advocate

Dear Mayank,

It is not clear when the cheque was dishonoured.  In any case, contact a local lawyer immediately.  He will arrange to issue a legal notice within the time allowed.  Otherwise you will not be able to file a case u/s. 138 N.I. Act.

 
Reply   
 
Owner

mayank,yes ,U can file a case of NI138 as well as Order 37 summary procedure ,both are effective but one precaution--it is your responsebility to prove in the court that U are actually legally entitled to receive that money.

i.e. U should produce all the relevant docs and witnesses(if any) in the court to show that u are entitled to receive that money.Otherwise ur case may decline.


Order 37 can be filed within 3 years of cheques bouncing date.


Hire a very very good advocate.



I am no advocate,cross check my info.

 
Reply   
 
advocate / commissioner of oaths

At what date the cheque got dishonoured? You send a legal notice within 30 days from the date of dishonour of the cheque. With in 15 days from the date odf receipt of the legal notice if the person doesnot pay the cheque amunt you file a private complaint u/s 138 of Negotiable Instruments Act,1881 within 30 days from the date of expiry of the 15 days grace period.

 
Reply   
 

respected sir / madam

                                            cheque presenting date is  29- sep-20109rs 45,000) but i had not  dishonoured the  cheque , i just got to bank and asked banker  about cheque issued  party  balance and came back.

my details regarding cheque are

18-aug-2010 -----i  issued cheque of rs 90000 for purchasing goods to xy z  party

on 24-sep-2010 party refuses to manufacture goods reason he gives he cant arrange yarn and has no labour  in factory and we request him to give cheque back . he issued a cheque of rs 90000 dated 25-sep-2010.

and now as above

on the date of presenting the cheque ( as local clearing and same bank )  bank officer says this a/c has no funds and than i call him and he says i will pay after two days , than after two days he gives us rs 45000 cheque of same day  and one rs 45000 cheque of next day but now he is not  paying rs 45000( no funds in his account) .

 

can i get my money back ? in what time ?

 
Reply   
 
retainer advocate

what madam u r asking same question, the answer to ur question is already given by above all my friends is correct way to get money back  

1) present the cheque in bank, if there is no funds in a/c they will return with reason

2) then give a legal notice through advocate and file section 138 case

 
Reply   
 

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