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Cheque bounce what action can I take
22-May-2023 (In Cheque Bounce Law)
we rented a shop by investing 2.5L and due to joining govt job we had to quit in 2006.We handed the shop to our know to sell it further and he handed that to his relative assuring us to return the amount but till 2016 he has managed to pay 40K as he is not willing to return the money.Somehow in Mar 2016 the mediator has given in written on a plain paper to return the money but the cheque he provided bounced.Now he is forcing us to return the cheque then only he will make any further paymanent. we have no legal documentation what should we do is this cheque going to help us if we file a case?
You need to send a legal notice within 30 days from the date of receiving the cheque return memo. If the cheque issuer fails to make a fresh payment to you within 30 days of receiving the notice, then you have a right to file a case under Section 138 of the Negotiable Instruments Act. If you fail to file the complaint within this period, your suit will become time-barred and, hence, will not be entertained by the court unless you show sufficient and reasonable cause for the delay.
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Adv. Diva Arora Menon
Delhi | 25+ Answers
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yes, this bounced cheque will be of great help to you. You will need to send a legal notice under section 138 N. I. Act through your Advocate within one month of bouncing of cheque. Thereafter within 15 days of receipt of notice he will have to reply and within 30 days of completion of 15 days time you will have to file complaint. Please note it is a time bound process and you should concern your advocate immediately. We may help you if you require.
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Adv. Ankit Chaturvedi
Delhi | 25+ Answers
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If the said is bounced, you can approach the criminal Court. No other document is required if you have cheque with the memo from the bank. You have to first mark a legal notice to them. It is matter of 138NI act and in this act the limitation period is very crucial. You have to give legal notice within 15days from the date of cheque bouncing and many more procedure which you have to follow. Revert me. All the best
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Adv. Hemanshu Saha
Delhi | 25+ Answers
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Yes you can use this cheque to file sumary suit and also if you deposit the cheque for encahsment and if the cheque bounces then you can file complaint against the opposite party. When mediator has settled the terms between you and the opposite parties there must be some documents to show that you have arrived at a settlement, that will also help your case.
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Adv. Tushar Roy
Delhi | 25+ Answers
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Get legal details about cheque bounce charges along with a list of dos and don'ts in case of bounced cheques
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