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satnam singh (job less)     25 July 2010

Cheque bounced and how to put case?

my business partner give 10 cheque to me of around 9 lac 35thousand. now his bank account do not have money to clear the all cheques and he is not giving money to me. 1) how can i send him court?? 2)prison for how long time?? 3)bail procedure ?? plz tell briefly..


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 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 July 2010

You have to present the cheques for encahsment.  After receipt of the unpaid cheques from your banker within one month you will have to issue notice to your business partner giving him 15 days time to make the payment of the cheque amount if he failed from the date of lapse of 15th day from the next day within one month you will have to file a criminal u/s 138 of NI Act /

But it is important to know that for what purpose your business partner issued cheques to you, burden lies on you to prove the existing payable debt.

N.K.Assumi (Advocate)     25 July 2010

First serve notice to the drawer of the cheques being bounce. Notice is a very important stage. It is the non-payment of dishonoured cheque within fifteen days from the receipt of the notice that constitutes an offence. Issuing of a cheque and its dishonour is not an offence. The offence is when the drawer receives a notice from the payee and he fails to pay the dishonoured cheque amount within the grace period of 15 days that constitute an offence. Any demand made after the dishonour of cheque will constitute a notice. It is not necessary that the notice should be sent by Registered Post alone, it could be sent even by fax. It is not necessary that the notice should be in any particular form or style. What is essential is that there should be a demand to pay the dishonoured cheque amount. Immediately issue notice to the drawer of the cheques.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     25 July 2010

I GO WITH N.K. ASSUMI, PLS  

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 July 2010

How can you revive a dead body. When the party has no money even sending him in jail will take time and money.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     25 July 2010

Dear Author,

Assumi Sir has well suggested. U can call me for further help at 9871158578

Akhilesh Maurya (Private legal practice)     25 July 2010

I go with N.K. after sending the notice you can file the complain case in the appropriate court after a reasonable time within a month

M.P.KRISHNAIAH (ADVOCATE)     26 July 2010

Mr.Singh,you must have an agreement regardlng giving cheques by your business partner for the settlement of your business.first you send the cheques for colection your bank.if the cheques returned from the bank with a memo stating insufficient of funds or any other reason without honouring ,then you have to issue a statutory notice giving time 15 days for payment failing which you can file a case in the court of law for justice.

SHIRISH PAWAR, 7738990900 (Advocate)     26 July 2010

Dear Satnam singh,

Only having cheque is not sufficient you have made a case,

You can call me on 9324536299

SHIRISH PAWAR

SHIRISH PAWAR, 7738990900 (Advocate)     26 July 2010

Dear Satnam singh,

Only having cheque is not sufficient there should be agreement / liability, you have to made out a case,

You can call me on 9324536299

SHIRISH PAWAR

ajay sethi (lawyer)     21 August 2011

please notethat besides filing case under section 138 of Ni act you beeter file civil suit for recovery of money .


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