Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Satish Chandra (Asst. Manager)     15 January 2011

Notice on Cheque Bounce

My Uncle owes me Rs5,60,000. He had given me a blank cheque for the same. He has resigned from his job and asked me to present the cheque for encashment after he gets the PF amount. I deposited the cheque on 6th Jan 2011 in my account for an amount of Rs5,60,000. I deposited the cheque only after confirming that he had received an amount of Rs 6,91,000 in PF amount. The cheque bounced and a charge of Rs 165 was recovered by my bank from my account on 14th Jan 2011.

Apart from the bounced cheque I do not have any other documents to prove he owes me money. I have the following questions:

1.What course of action should I take to recover the money?

2.In case a notice is to be sent should it be through a lawyer or can I send him personally through Registered post?

3.In case I have to go in for a legal action, can I claim the expenses of the same from him?

Thanks in advance for any guidance from anyone.



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 January 2011

You can issue the notice, but advocate is necessary because he knows how to issue notice u/s 138 of NI Act.

You can initiate criminal action against him u/s 138 of NI Act.

To follow the procedure under the NI  Act advocate is necessary.

You cannot calim the expenses in NI Act, but in the Civil Case Suit for recovery of money you can recover the expenses and cost of the suit.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 January 2011

Already your limitation of sending notice is time barred.

1 Like

Radhey (Owner)     15 January 2011

Satish ji, Ur case is weak,studying this thread initiated by me ,would make things clear to U.

 

 

https://www.lawyersclubindia.com/forum/Re-138-N-I-A-IS-DEAD-ALMOST-29868.asp

Satish Chandra (Asst. Manager)     17 January 2011

Radheyji,

 

The check has bounced due to insufficient funds. Still you think it would not be enough to pursuit NIA138?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 January 2011

basic problem is you have to prove legal liabilities.

umeshtyagi (advocate)     06 March 2011

dont worry.. firstly u should issue legal notice under section.138 N.i. act through lawyer. as early as possible


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register