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Cheque given by customer got bounced, what action can I take ?
29-Jan-2023 (In Cheque Bounce Law)
Dear sir, 2 Cheque of rs 5,000 and 10,000 bounced in the period of demonetisation I have given kacha bill and products in return for the cheque Can sec,420 be filled with police because one person has comitted fraud police is telling me its a civil case tp go with 138 and other lawyer is telling me go to police as amt is 15,000 and court case will cost me more Please tell me wat to do? Regards
It is important to send him notice under Sec 138 of the negotiable instrument Act, after which if he fails to pay , then you can file a case under Sec 138 of the negotiable instrument act otherwise it is not possible to file case , undr Sec 138 . Contact me for futher details in this matter.
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Adv. Shivjeet Lalsingh Tawray
Pune | 25+ Answers
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In order to file a cheque bounce case, when the cheque is returned unpaid, first you need to issue a statutory notice to the issuer of cheque within 30 days from the date of cheque being returned unpaid demanding the payment of cheque amount within 15 days and there after the issuer has an opportunity to pay the amount within fifteen days, if he fails to remit the amount, then you can file a cheque bounce case within 30 from the expiry of 15 days notice period under Section 200 Cr. PC. You can even file a cheating case u/s. 420. I am afraid that the Police may not take up your case.
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Adv. Satish Kumar
Hyderabad | 100+ Answers
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Dear client,
The legal solution is to give a notice in respect of knowledge of dishonour within 15 days and thereaftera complaint under has to be fiked within 30 days from date of cause of action before Metropolitan Magistrate Court .
The legal solution is to give a notice in respect of knowledge of dishonour within 15 days and thereaftera complaint under has to be fiked within 30 days from date of cause of action before Metropolitan Magistrate Court .
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Adv. Chaitanya Torgal
Mumbai | 25+ Answers
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If police are not taking cognizance then you can file criminal complaint in the magistrate court as well as you have also remedy to fiile complaint under section of 138 of Negotiable instrument Act. My suggestion is that you have to file complant under section of negotiable instrument act byt choice is yours
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Adv. Amol Umedsing Girase
Nashik | 25+ Answers
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Dear Sir,
its true that court case will cost u more because your amount is only 15000/-. Your case should file u/138 of Negotiable instrument act. first u hve to send notice within 30 days from the date of cheque return to that person who committed fraud/bounce the cheque. Thereafter if he dnt reply then within 45 days u should file case.
Another option is Lokadalat . pls visit any court as early possible which is near to u before ( dt. 11/02/2017 ) they wll help you.
its true that court case will cost u more because your amount is only 15000/-. Your case should file u/138 of Negotiable instrument act. first u hve to send notice within 30 days from the date of cheque return to that person who committed fraud/bounce the cheque. Thereafter if he dnt reply then within 45 days u should file case.
Another option is Lokadalat . pls visit any court as early possible which is near to u before ( dt. 11/02/2017 ) they wll help you.
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Adv. Amita Ashok Sawant
Pune | 25+ Answers
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