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krish (professional)     21 October 2012

Criminal complaint against cheque bounce


I have sent a lawyer notice for the bounced cheques within the 30 days of cheque bounce to the party and received the acknowledgement for one letter sent to party's office address but the another one sent to home address was returned back saying "not claimed" (refused to accept). After sending the original notice there was a small typing error about the cheque date and hence corrigendam was sent for which acknowledgements came back. After the acknowledgement date (04.10.2012) 15 days time given for the payment was passed but the party did not make any payments.

My question is:

1. Can I go ahead with the proceedings if the initial letter sent to house address is not delivered?

2. After the acknowledgement date of the notice 04.10.2012, within how much time I will have to file the complaint?

3. I softly asked the party to pay back my money but he is threating that he will also file the cases under harassment (he is telling that legal notice is a threating and you are threating me to make payments and I will file harassment cases against you). How to deal with this situation? Is sending legal notice a threat?

4. Can I approach police? He also cheated whle registering the land (which is a govt land) he mortgaged and said it is clean title. Can I change my lawyer, if it is required after sending the legal notice?

I sincerely appriciate your time in answering the question. Please suggest the best method. What are the timelines for filing the case?




 7 Replies

Chetan Joshi (Advisory/Advocacy)     21 October 2012

1. Why did you sent a notice at the residence. Did he personaly owe you? or under a corporate name?


2. 3 years from acknowledgement


3.NO it aint a threat.


4.Write a different query for the cheating matter, yes you may change your lawyer whenever you feel like...



krish (professional)     23 October 2012

Thanks for your response. 1. Yes, he personally ows me the money. 2. For filing the criminal case, will I be having 3 years from the date of acknowledgement of the legal notice of bounced cheque? please clarify. Thanks

Chetan Joshi (Advisory/Advocacy)     23 October 2012

3 years from the date of Acknowledgement provided that the acknowledgement is clear about the money owed....


OR in other words it should clearly acknowledge DEBT....




R Trivedi (     25 October 2012

Please  Chetan !!


Krish, you will have to file the case within 30 days  after giving 15 Days time from the receipt of notice, so it is best to file the case within 45 days of your notice date.


Legal notice, unless and until it is directly threatening of some illegal injury, is safe and you need not worry. File the case without fail.

Chetan Joshi (Advisory/Advocacy)     25 October 2012

So Mr. R. Trivedi...what you suggest is....To file a civil suit for the recovery of debt in a cheque bounce case is 45 days from notice......??


Yes for criminal case you will have to file the case within 30 days  after giving 15 Days time from the receipt of notice, so it is best to file the case within 45 days of your notice date.

R Trivedi (     26 October 2012


Criminal complaint against cheque bounce !!  


Is the topic.

krish (professional)     27 October 2012

Thank you so much Sir. Do you have any good lawyers in hyderabad?

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