Upgrad LLM

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..

 
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Advocate

 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.

 
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practicing advocate

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.

 
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ADVOCATE & DIRECTOR

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

 
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advocate

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.

 
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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...

 
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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...

 
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self employed engineer

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.

 

 

 

 
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 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

 
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ADVOCATE & DIRECTOR

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 359 times
 
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