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Sudip (Partner)     01 March 2014

Criminal case filing against cheque bounce

Dear Attorney

I gave a sum of nearly 12, 00,000(Twelve lakh InR)  through bank to bank online transfer to one of my family friend who also is a colleague of mine in a IT MNC .We both work for the same company .It has been more than an year over that he didn’t return the money and on 15th Aug 2013 I asked him to issue me a cheque for the same amount which got  bounced on Nov 8th 2013.

After that he was repeatedly asking for time inorder to repay the money back despite my continuous requests with him for returning my money .Just because I didn’t want to spoil his career I was waiting for him to return the money but it never happened and I was holding the cheque without filing either any complaint . Recenlty I insisted him to issue me a fresh cheque for the same amount and  he is  denied to issue me a fresh cheque for the same amount .I would  now want to file a criminal complaint rather  than a civil complaint against him because I am assuming a criminal complaint would be effective than a civil to retrieve   my  money.

Can I proceed with the existing bounced cheque to file a criminal case against him? Kindly guide me in this matter.

 

Thankyou

 

Ramesh



 8 Replies

rajendra (na)     02 March 2014

you have two options

1.You can send a legal notice to opposite party to give the money back and once you receive reply from opposite party you can fie a civil case in civil courts.

You need to take DD for the 12lac amount 

2.you can file a cheque bounce case on him and this will lead to his arrest 

T. Kalaiselvan, Advocate (Advocate)     02 March 2014

Since the provisions of 138 NI Act is barred by limitations at this stage, you can better lodge a police complaint u/s 420 for cheating and simultaneously file a suit for recovery of money in a civil court too.

Advocate Bhartesh goyal (advocate)     02 March 2014

I endorse the views expressed by shri T.Kalaiselvan.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     02 March 2014

It can not attract any criminal action since it is purely a civil matter.

 

More over questions will be asked by the other side advocate how and why you parted with such a huge amount.

 

When such matter reach APEX COURT than  in many such cases SC has asked why there was no agreement and why no interest was charged for such a huge amount.

 

And it depends in which state you are, THAN  it will attract money lending act against you. AP and Maharashtra have very strict law in such matters.

Biswanath Roy (Advocate)     03 March 2014

I need some details relating to your query which are as follows :-

T he date of cheque  and the name of the Bank and its Branch. 

The date when you tendered before the Banker

Whether the cheque is a bearer cheque or account payee.

If the bounced cheque is account payee then what is the cause shown by the Banker SUCH AS PAUCITY OF FUND, REFER TO DRAWER, OR INSUFFICIENT FUND

When the cheque was bounced whether or not you send any legal notice demanding the cheque amount.

nitin agar   04 March 2014

Respected Lawyers And Members,

We have filled a case in criminal against dishonour of cheque also recieved NBW warrant after three years fight as the party was continously not present on hearing date.

Now according to the latest mumbai high court judgement dated 24/12/2013 case no. WP/4429/2013 on this basis opponent party has apply for cancelation of NBW warrant on non presence though advocate.

So, kindly guide me in this case, what step we can take further.

Thanking you,

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     05 March 2014

ff

 

 

 

Usharma (Lawyer)     14 June 2014

Cheque bounce is a criminal offence under The Negotiable Instruments Act which is often referred to as Cheque bouncing, Cheque dishonor or Cheque return matters. Cheque bouncing happens when a person has issued a Cheque without maintaining sufficient amount in his account as a result of the same when the Cheque is presented for encashment; the same is returned by the bank unpaid which is termed as bouncing of Cheque.

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