Can we take legal action if a person ran away after giving cheque

618 votes

Yes the same can be done and you can file a case whereby on not appearing before the court the defaulter shall get arrested and would be compelled to appear before the court. this can be done but depends on other facts.

Advocate Shobhit Bhatia LawRato

521 votes

Dear Client, it depends on what you want. Further, you are hereby advised to file a complaint under section 138 of the negotiable instrument act. But since the cheque was handed over as security, you will have to draft the complaint in different manner.

Advocate Neeraj Dubey LawRato

657 votes

The notice/complaint can be filed after the dishonor of cheque. Relevant action can be taken under section 138 NI Act. If the accuse chooses not to appear in the court after summons/bw/nbw he will be declared as absconder and proceedings will be initiated in different provisions of law.

Advocate Gaurav Rohila LawRato

591 votes

Yes you can represent that cheque in the bank and if it is dishonoured than you can file a complaint case under section 138 of negotiable instruments act but once Ur cheque is dishonoured than you have to first send a legal notice to that person for more information contact give provide you complete details

Advocate Saajan Rathi LawRato

614 votes

Preliminary opinion: if you want your money then try to encash the cheque issued. If the cheque bounces then you may appraoch the appropriate court under the amendment of 2015 as the cheque is for security. If you want a legal action against the member you have both criminal and civil options but the recourse would depend on the facts and circumstances, for this you need to consult.
For comprehensive advice will need:
1. The registration papers of the committee will all the duties and liabilities of members.
2. Act on which lies your grievances and problems you faced afterwards.
3. Personal details of the members including the one who is missing.
4. Cheque details.
5. How have you arrived at the situation as such and the express/oral agreement making the cheque a security cheque!

Advocate Ramaditya Tiwari LawRato