Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Saravana Kumar (Mananging Partner)     28 September 2009

Need help regarding cheque return

Hi experts,

Kindly note that one person need to pay me Rs.133638.00,for Rs.111435,ive a cheque and for balance ive proofs as mail communications.

When ive presented the cheque for first time in the bank,it returned and says that "Exceeds arrangement" and when the person ask me again me to present the cheque to the bank,it returned and says that "Payment stopped by the drawer".This happens 2 months ago,can i file a criminal case against him? Is there any quick way to get my money back..



Learning

 16 Replies

Sachin Bhatia (Advocate)     28 September 2009

 As you said cheque bounced 2 month ago, so you should  present the cheque again in your bank for filing a complaint u/s 138 of N.I Act & for the same you have to send a demand notice with in 30 days from the date of cheque returning memo.

adv. rajeev ( rajoo ) (practicing advocate)     28 September 2009

Sure, u can file a criminal case against the person who has issued a cheque.

Before filing a case you have to issue a notice within 30 days from the date of receipt of bounced cheque.

You have to give 15 days time to make the cheque amount.

If he failed to pay the cheque amount within 15 days from the date of receipt of notice then you will have to file private complaint u/s200 of Cr.P.C. r/w sec 138 of NI Act.

Cause of action arises only once.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     28 September 2009

 PRESENT THE CHQ AGAIN, ISSUE LEGAL NOTICE 4 --30DAYS AND WAIT FOR REPLY, AFTER RECIPT OF NOTICE WAIT 15DAYS AND FILE CASE--

Adinath@Avinash Patil (advocate)     29 September 2009

PRESENT CHEQUE AGAIN  THEN YOU ISSUE NOTICE TO THE DRAWER  AS REQUIRED U/S 138 OF N.I. ACT. AND DEMAND  CHEQUE  AMOUNT. IF HE DOES NOT PAY CHEQUE WITHIN 15 DAYS  THERE AFTER   YOU FILE COMPLAINT.  YOU DON'T WORRY ABOUT PAYMENT STOPPED, BUT BE SURE  INSUFFICIENT AMOUNT OF CHEQUE IN DRAWERS ACCOUNT.

Saravana Kumar (Mananging Partner)     29 September 2009

Hi Rajeev,

Thanks for your reply..

Kindly note that they issue me the cheque on 11/05/2009 ,the cheque is returned by saying that""Exceeds Arrangement "and again they instructed me to present the cheque on 18/06/2009,the same has been returned and says that "Payment stopped".After that the issued person says that he will give my money soon,but for past 15 days i cant get him in phone,so in this case can i file a complaint by presenting the above said documents or stil i want to represent the cheque in the bank again..And also ive mail communications regarding the payments...

Saravana Kumar (Mananging Partner)     29 September 2009

Hi Adinath,

Thanks for your reply..Kindly note that they issue me the cheque on 11/05/2009 ,the cheque is returned by saying that""Exceeds Arrangement "and again they instructed me to present the cheque on 18/06/2009,the same has been returned and says that "Payment stopped".After that the issued person says that he will give my money soon,but for past 15 days i cant get him in phone,so in this case can i file a complaint by presenting the above said documents or stil i want to represent the cheque in the bank again..And also ive mail communications regarding the payments...

ghansham das (self employed engineer)     29 September 2009

Dear I hv similar case, but its stopped payment with dishonestly,

the case  of cheque with memo from bank must be filed, with in 30 days, 15 days notice, then the process is issued by Magistrate.   it is important to be in time frame limits, file accurately, properly, in time.

Also simultasneously, file a cse for recovery of money, summary suits.pls.

thanks. but cunsult advocate.

 

 

 

ROHIT.SHAH.HYD (M.P)     29 September 2009

 any one here can help me i am facing the US 138 N I Act because of some irresponsiblity of some pople. can any one guide me thorugh this? 

waiting for nice and positive reply

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     29 September 2009

MR. ROHIT IF U ARE ABLE TO PROVE THAT U R NOT HAVING ANY LEGALLY ENFORCEBLE DEBT TO COMPLAINANT(pls read sc 138 of NI ACT), U CAN COME OUT FROM THE PUNISHMENT & MENALITY OF COURT.

PLS GO TO THE ATTACHED CASES JUDGEMENTS


Attached File : 4 important case laws on the negotiable instruments act2.rar downloaded: 376 times

Adinath@Avinash Patil (advocate)     29 September 2009

You have to re- deposit the said cheque for clearance, there after  if cheque retune, as I said earlier you follow the procedure.

sudhakar s. yeradkar (service)     01 October 2009

Dear Mr.Shravankumar,

Pls.read & understand carefully.

1. As on date your cheque is valid.

2. Redeposit it & let it be bounced for any reason.

3.Send notice to the issuer within 30 days from the date of your Bank Memo.

4.Further wait for 15 days from the date of receipt of notice to chq.issuer.

5.If reply or remittance not received then you can file case U/s.138 of NI Act within 30 days on the cheque issuer.

rgds,

Sudhakar Yeradkar.

Manager Legal & Liasoning.

anil lalla (advocate , mumbai)     14 October 2009

can i have some details before i advice you?

Saravana Kumar (Mananging Partner)     04 November 2009

Mr.Anil,

sorry for my late reply,yes pls let me know the details that you want to know..

Sukhija (Advocate)     03 December 2009

hi saravana kumar

 ur dt on chq is 11/05/09 as per ur query above , so the chq will become stale, validity of chq is six months from dt of issue so pl hurry and present the chq 4 encashment and issue notice thereafter. u have 8 days in hand. Best of luck


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