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Babu A K   05 February 2022

Cheque dishonored given by trading company

Sir

I lost 2 Lakhs with Getrobiz Holding Ltd, Chennai, Trading company and filed a complaint with EOW, Chennai. They took action on my complaint and made the company to give me post dated cheques. Now the cheque is dishonoured last week. What should I do? When i approached EOW, they are not interested it seems.

Regds

A K Babu

 

 



Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     05 February 2022

Issue legal notice to company and demand cheque amount,if company does not respond the notice then file complaint against company and its  directors for cheque bouncing.

Babu A K   05 February 2022

Thank you sir. I will

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 February 2022

Dear Querist

Issue a Legal Notice to them as per section 138(b) of N.I. Act-1881 within 30 days from the receipt of the Return memo from the bank and provide them 15 days time to pay the cheque amount, if they do not make the payment within 15 days from the receipt of the notice then file a criminal complaint against them before the Magistrate court under section 138/141 of Negotiable Instruments Act-1881.

 

They will have to pay your dues

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 February 2022

Hire a good knowledgeble lawyer to take action as per advice of Adv: Nadeem Quereshi as often such cases fail due to not following various sections of the act or other mistakes one may do.

HANUMESH H N   05 February 2022

Firstly, the drawer of the Cheque must give a cheque with free will, so stop saying he was given a cheque through interference of EOW.
now you have the following options
You have 30days time to issue legal notice.
or
from the date of cheque, you can represent the cheque to your banker as many times till 3 months.

Aryan Raj   05 February 2022

Dear Queriest,

You have the remedy to file a case under section 138 of the Negotiable Instruments Act. Any person guilty of a violation of Section 138 of the Negotiable Instrument Act of 1881 faces a maximum sentence of two years in prison and a fine of double the amount of the check, or both.

And also you can file a writ in the High Court of your state against EOW department for not taking reasonable action and the court will order them directly to take necessary steps.

Regards,

Aryan Raj 


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