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Gayatri Mangipudi   03 October 2025

Ni act - 420 section -genuine suggestion required

Sir, In 2018 I gave 4 lakhs to a person. He gave me cheque signed by him ( not filled with date or pay name) and also a promissory note. Now that person is not staying at the old address. He is not lifting my phone calls nor opening watsapp messages. now I filled cheque with date and submitted. I got sms that it got bounced back. I am sure he is trying to escape with silly tricks. he is very much in my city only. i am 100% sure. Kindly suggest what best can I do now 1) In how many days shall I approach any lawyer to file cheque bounce case on him ? Pls tell 2) now that person is not at old address. I am afraid if we send surely they will not be served. Can I approach police station for this ? will they file case as per rules ? CAN I APPROACH POLICE STATION NOW TO FILE 420 CASE ON HIM AS HE IS PLAYING CHEAP TRICKS. COULD YOU PLS GUIDE.


 12 Replies

Dr. J C Vashista (Advocate )     03 October 2025

You have posted multiple queries with the only subject of cheque dishonour case, question-wise answer is as follows:

1) In how many days shall I approach any lawyer to file cheque bounce case on him ? Pls tell

At the earliest but before 30 days of issue of memo by your Banker.

2) now that person is not at old address. I am afraid if we send surely they will not be served. Can I approach police station for this ? will they file case as per rules ?

You will have to find out address of the accused, otherwise police as well as lawyer shall be handicapped as to where police shall trace and where the lawyer shall send legal notice.

CAN I APPROACH POLICE STATION NOW TO FILE 420 CASE ON HIM AS HE IS PLAYING CHEAP TRICKS.
Immediately approach the police.

How much amount is involved in the cheque(s) / promissory notes issued by accused ?

T. Kalaiselvan, Advocate (Advocate)     03 October 2025

You can contact an advocate in the local and discuss the subject matter at length and proceed as suggested.

Keshri   03 October 2025

Please cheak in memo what is exact reason of cheak bounce. Is cheak is outdated? 

Gayatri Mangipudi   04 October 2025

Vashista Sir,

 

Humble thanks for your reply. Please kindly guide me

 

1) cheque amount is 4 lakhs and also promissory amount is also 4 lakhs.

2) now I am 100% sure that person is playing cheap tricks and as in same city of mine...but we dont know address.. and he is not lifting my calls.  getting double ticks in watsapp but blueticks settings changed.

 

Can I approach police station to file 420 case ? Is this allowed. now that I have almost 25 days time Can I approach police station to file 420 case ?

 

I approached local lawyer. he is telling that notices should be served otherwise filing NI act case is of no use.

 

Pls tell kindly what best can be done and also if I can approach police station on this subject 

Dr. J C Vashista (Advocate )     04 October 2025

You may request your lawyer to issue notice to the accused at his last known address within its limitation (30 days from date of issuance of Bank memo), let it come back.

Meanwhile approach local police for filing a case u/s 420 IPC.

Both the cases (U/S 138 NI Act & 420 IPC) can move concurrently, separately and independently.  

1 Like

Gayatri Mangipudi   04 October 2025

vashista Sir,

Thanks for quick turnaround. Surely I will approach police station. 

Sir any key points which I have to mention before police to make sure that they log FIR for this ? any key points which I should press ?

Dr. J C Vashista (Advocate )     05 October 2025

When  the FIR is registered and Investigation Officer appointed cooperate him / her with all relevant information(s) / document(s) requesting the IO to file final  report.

Sristi Nimodia (Legal Consultancy)     07 October 2025

- The mandatory deadline to file a cheque bounce case is 1 month which starts 15 days after the
notice has been issued. 
- If there is a delay, it can condoned/forgiven by the court if there is a reasonable cause. 
- Pursuing a criminal case is also an option and can be pursued simultaneously with the cheque
bounce case.
- The summons should be issued tthrough all means of communication possible, including but 
not limited to email, messeges etc. 
- It is pertienet to note that before passing the order in favour, in absence of the debtor, the court
dispose of every attemept to serve summons. 

Gayatri Mangipudi   07 October 2025

Sirisha nimodia madam,

How to connect with you directly. Your direct message is not getting opened. Any email address or watsapp number or anything else 

1) in how many days after cheque bounce we should send legal notice.

2) this week I will approach police department too 

3) madam wats the meaning of words "It is pertienet to note that before passing the order in favour, in absence of the debtor, the court dispose of every attemept to serve summons."

 

 

Dr. J C Vashista (Advocate )     07 October 2025

Q 1 It has to be issued within 30 days.

Q 2 Approach as soon as possible.

Q 3 Meant for Ms. Sristi Niodia, which I also could not follow.

P. Venu (Advocate)     08 October 2025

No civil action lie in the given facts.

No action under NI Act is possible unless facts are tweaked.

You may try to initiate criminal action. But outcome is uncertain.

Gayatri Mangipudi   09 October 2025

P.venu sir,

 

I didn't get you clearly on any of the points 

 

1) why no action under NI act possible? 

2) why outcome is uncertain in criminal action? Is this not cheating?  Cheque issued with no balance.

 

Pls throw light on your words


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