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Anand Thakur   19 January 2022

Ni act 138

I paid one guy Rs.1 lac by cash and from last one year he is not paying, I have only receipt of payment with 1 rs revenue stamp no separate affidavit made. I am asking guy to give me a cheque of Rs. 1 lac , can I file case against him if cheque bounce. 

Please consider below points. 

1) Payment given by cash. ( Source of income can be produce..

2) only cash receipt sign with revenue stamp. (Don't know whether signature is real or fake/ PAN card not taken but self attested Aadhar card available. 

3) no separate affidavit made while paying cash. ( So don't hv transaction proof why I paid actually it's given for plot down payment now deal cancel. 

4) I am from Maharashtra. 



 8 Replies

Parasar   19 January 2022

receipt can be considered a promissory note, if you can show that you have the financial capability and  that you have withdrawn 1 lakh close to the date on which you have given the money, then you can go ahead, you can file a complaint. try to get the cheque and then do thhe needfull

Advocate Bhartesh goyal (advocate)     20 January 2022

On basis of receipt you can file suit for recovery of amount.Receipt is cogent proof.

Dr J C Vashista (Lawyer)     20 January 2022

Porceed to recover the amount on the basis of receipt as advised by experts.

Why and how do you expect the borrower shall issue a cheque for the amount ?

Anand Thakur   20 January 2022

I thought receipt are not that strong proof so asking for cheque and moreover that party ready to issue cheque on the ground that he is liable to pay me Rs.1 lac. 

G.L.N. Prasad (Retired employee.)     20 January 2022

First, get a cheque with interest and get such a covering letter stating that  " In consideration for  Rs........(Rupees.............only). borrowed on...............with interest...................from......................, a cheque no...............of........................Bank......................branch dated ..........is being given for full and final settlement to...................................with a promise that sufficient funds are available in the bank account.

Anand Thakur   20 January 2022

I having that much balance always in account, second i sold some gold during that time I am having receipt of same but not on letter head of jweller but in pain paper and amout of gold taken in cash. 

Aryan Raj   20 January 2022

In response to your query,

A cheque bounce is a violation of Section 138 of the Negotiable Instruments Act, 1881 ("Act"), which carries a fine of up to double the value of the cheque, or a sentence of up to two years in jail, or both. The cheque is said to have bounced when the payee presents it to the bank for payment and it is returned unpaid by the bank with a memo indicating insufficient funds.

The documents required to file a cheque bounce case in India are:

  • Copy of the notice served on drawer.
  • Proof of service of notice, either courier receipt or receipt of registered post.
  • Original cheque on record.
  • Cheque return memo issued by the banker to the drawer.
  • Proof of the existence of a legally enforceable debt or liability.

If you have all the documents mentioned above then yes you can go ahead and file a case in case the cheque bounces.

Regards,

Aryan Raj 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 January 2022

There is a saying ‘How to catch a stork?’  Place a ball of butter on its head. The butter will melt under the sun and blind the bird. Go and catch it. You gave to a person Rs.1,00,000/- in cash. He is not returning it. Probably he has no intention of returning it or he does not have enough cash to return it. You ask him to give you a cheque. He gives you a dud check. The cheque bounces and following due process of law you file a criminal case in court under Section 138 of NI Act. In defence, among other things, the accused tells the court that under the income-tax law you cannot pay and he cannot accept more than Rs.20000/ - in cash. The Income tax department is not going to rush in and ask you to prove your source of income. Only  the NI court can deny you relief.


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