Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

A B Pralhad (Student)     02 July 2014

Cheque bounce - need to file a case.

My father have FD in "BHR" multi-state bank Pune.  But because of fraud happens in the bank, they are not giving money and saying that when they have money will give you.

 

They have given a cheque of total amount to father.  But when father went to bank where BHR have account, they told that cheque is stopped by BHR and it will not cleared.  

I don't think BHR will give money to us soon and also not sure about that they will give.


If we submit the cheque in bank it will bounce 100%.    So need to know what can I do further to get that money back? 

 

Criminal case or Civil case to file?   How many days will that take approximately to get result in hand? 

Will court give result in our favor and is possibilty of getting our money?



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     02 July 2014

Place the cheque in your bank and get it bounced take the receipt of the reason to bounce from your bank , then send a registered AD notice to the issuer that your cheque had get bounced hence i informed you to pay the cheque amount cash within a period of 15 days from receiving this notice otherwise you will be go to the court for legal action , and the total expenses of court procedure and lawyers fee will be charged from you .
1 Like

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     02 July 2014

U need answer 1) when Chen bnced n returned to u. 2). Bank has become non operational 3) RBI HAS SUSPENDEDX ITS LICENSE Ans: A. U can file criminal n also civil B. Approx 6 m or More C. Abv 3 reply shud decide ur result ADV JEEVAN PATIL
1 Like

Laxmi Kant Joshi (Advocate )     02 July 2014

First send him the notice if he will not paid/returned your money in the stipulated period of 15 days as in the given notice only then think for civil and criminal case against him .
1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 July 2014

Send a letter (a demand notice) to the party who wrote the cheque (the drawer), threatening to initiate proceedings under the Negotiable Instruments Act (NI Act) if the amount due is not paid. The threat of prosecution can often work its magic and result in prompt settlement

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register