A check got bounce which i had received from someone

699 votes

Dear Sir/ Madam,

You need to file a criminal case against the other party before that a legal notice has to be sent. Please feel free to contact me for discussion on the the the subject matter. Thanks for writing

LawRato LawRato

936 votes

The punishment is for not paying a liability you legally owe to some one when you have issued a cheque which is dishonoured, and not when / if you can show effectively to Court are not legally bound to pay that amount. Does this convince you that I can get you off the hook from punishment in this matter ?

Advocate S.K Prabhakar Shetty LawRato

542 votes

Consult and discuss more , you have not mentioned how much amount cheque. Consult and file a criminal suit and get recovery from the builder. Consult with bank MEMO for filing case. Original cheque also required.

Advocate Sharanagouda S. Patil LawRato

587 votes

Step 1 : Demand Notice

Once the bank has return the cheque, i.e. the cheque has bounced, you are required to send a letter (demand notice) within 30 days of such bouncing to the party who wrote the cheque (the drawer) threatening to initiate proceedings under the Negotiable Instruments Act in case the amount is not paid within a stipulated time period (usually 15 days).

Even though there is no prescribed format for this notice, its purpose of demanding payment and informing the issuer that s/he will be prosecuted in case payment is not made should be highlighted very clearly. Further, proof of delivery of such letter should be preserved carefully.

Demand letter can be sent by the complainant her/himself. However, it is advisable to get the draft vetted by a cheque bounce lawyer before sending it to the person concerned.

The following information should be stated clearly demand notice:

Statement that the cheque was presented within its period of validity.
Statement of debt or legally enforceable liability.
Information regarding dishonour of cheque as given by the bank.
Demanding the issuer to pay the amount due within 15 days of receiving such notice.
PLEASE FOLLOW

Advocate Kishan Dutt Kalaskar LawRato