chidananda (executive) 21 July 2011

cheque bounce

please give me the solution and information. two years back i and my friend given to two blank cheqe to one person respectively actually we have taken 15,000 rs. but last year they produced cheqe rupees of two lakhs (one lakh respectively) but due to the insufficient fund cheque got bounced. from last one year they are demanding 40,000rs . simple they calling us and demanding atleast 30,000. i dont know what to do earlier when we have taken 15,000rs we paid the interest of 8% up to one year. please give me the solution.

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5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 21 July 2011

no legal action possible so need not worry.

Arvind Singh Chauhan (advocate) 21 July 2011

No cause of action arises under NI Act. he may sue for recovery of money if there is any proof of debt.

adv. rajeev ( rajoo ) (practicing advocate) 21 July 2011

after bouncing the cheque within one month notice has to be issued. But in your case you have not said about the issuance of notice from that person. So there is no cause action to file criminal case u/s 138 of NI Act.

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Out of Court (Consultant) 21 July 2011

Though the above Ld. experts are very mch right in their views bt dn't worry & face the legal proceedings with confidence.... do answer the following question ?

1. is 8 % interest onthly or annual... ?

2. wht is the status of repayent of loan of Rs. 15k availed .. and fr wat purpose you have availed ..any writen documents?

3. do they served you legal notice for chk bounce?

8756272683, pandeyajitabha@gmail.com ( online chat)

Dipangkar (Business) 21 July 2011

Originally posted by :adv. rajeev ( rajoo )
"	after bouncing the cheque within one month notice has to be issued. But in your case you have not said about the issuance of notice from that person. So there is no cause action to file criminal case u/s 138 of NI Act.	"

@ adv. rajeev ( rajoo ),

Is the time Limit of one month period bound for serving a notice after a cheque being bounced ?

What if the user comes to know about the bounce after some months ?

Today, as i went to a bank, i was informed that a cheque i deposited in last December 2010 bounced and was returned by the bank to my address.

Due to inproper services of the post office, the bounced cheque again was returned back to the bank and was lying there with a cause as "Address not found" by the Post office. (Stupid post office, i have electricity bill, bsnl bill flowing in the same address every month.)

As i went to that said bank today, i was informed about that bounced cheque.

So, will a Notice / A regd. letter served today be Valid , in this case ?