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Cheque bounce due to stop payment how can I recover amount
27-May-2023 (In Cheque Bounce Law)
My tenent gave two post dated cheques, one of Rs 10000 and one of larger amount before vacating the house in April 2016. The date of chqs was for 25 may. On 25 may when I presented chqs for Rs 10000 the bank said payment was stopped by the tenent. I do not know his present address. I have not deposited the second cheque as I am sure that would also have been stopped payment. What should I do?
You need to definitely find his current address first of all because without that you will not be able to serve any notice to them. You need to send a legal notice to him within 25 days and then file a case under section 138 of the negotiable instruments Act. Stop payment is covered under it.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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SIR,
you have to send legal notice under section 138 b of negotiable instruments act within thirty days of receipt of dishonour from the bank and thereafter, you will direct him to make the payment of cheque amount within 15 days.
if he fails to make the payment within 15 days than you have to file criminal case against him in court,
as compare to recovery suit, the success in cheque bounce case is higher ratio,as in cheque bounce case due to the fear of jail, the accused make the payment quickly
you have to send legal notice under section 138 b of negotiable instruments act within thirty days of receipt of dishonour from the bank and thereafter, you will direct him to make the payment of cheque amount within 15 days.
if he fails to make the payment within 15 days than you have to file criminal case against him in court,
as compare to recovery suit, the success in cheque bounce case is higher ratio,as in cheque bounce case due to the fear of jail, the accused make the payment quickly
Helpful?
92+
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Adv. Harish Malhotra
Gurgaon | 100+ Answers
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Dear Client,
you can initiate legal proceeding under Negotiable Instruments Act. as the cheque has been rejected, you can send him legal notice under section 138 of NI act.
also present second cheque for realization.
moreover, you can get his address from the bank.
for further information and clarification you can call or meet me.
Regards,
you can initiate legal proceeding under Negotiable Instruments Act. as the cheque has been rejected, you can send him legal notice under section 138 of NI act.
also present second cheque for realization.
moreover, you can get his address from the bank.
for further information and clarification you can call or meet me.
Regards,
Helpful?
62+
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Adv. Suneel Moudgil
Panipat | 200+ Answers
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Present the second cheque also in bank. If that also bounce then send legal notice immediately through some advocate( i.e me) for both cheques for cheque bouncing. But you said that you don't know the address, did you made rent agreement and took some identity proof of your tenant? he must have mentioned the place of work and his home-town address in any of the documents. so legal notice can be sent here. then complaint can be filed. Not that the entire time bound so don't delay and contact the lawyer.
Helpful?
70+
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Adv. Arun Singh
Gurgaon | 100+ Answers
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