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How to deal with repeated cheque bounce
29-May-2023 (In Cheque Bounce Law)
I had to receive back my advance payment from a party due to failure of a deal. The advance i had given him last year.The party agreed to return and gave me a cheque of total amount in month of april 2017. But the cheque got bounced due to insufficient fund. Upon meeting , he gave me again 3 cheques totaling same amount for 3 different dates. Again all 3 cheques got bounced. Upon asking , he is always full of excuse and never denying for payment.If i go through legal proceeding of serving notice and subsequently to court proceedings , how much time and cost can i expect to get case resolved in delhi?
No can tell you the exact time but it surely you get your amount and the cost of legal proceeding can be decided only you meet and talk with all paper. It depend court jurisdiction as well as amount.
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Adv. Shashi Bhushan Jha
Delhi | 100+ Answers
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You have to send a legal notice within 30 days from the date of return (dishonour) of cheque asking the noticee to pay the amount within 15 days. On expiry of fifteen days from the service of notice, you have to file a complaint before the Concerned magistrate within 1 month of the said expiry. However,nothing precludes you from filing a separate civil suit for recovery of the amount due the limitation of which is 3 years from the date of dishonour.
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According to your query it will take almost about 2 years to recover the said amount along with interest don't need to worry about that. But at least yours cheque in the validity periods otherwise all efforts fails
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Adv. Akhil Verma
Delhi | 400+ Answers
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If he is still willing to settle the matter then a simple legal notice will be sufficient to get the money back from him but then the legal notice has to be sent within 30 days from the date of cheque bounce. Alternatively if the cheques are still within time period as in three months from the date of issue then you can again present the same before the bank and see if the payment is being done or not. Otherwise after that you can send him legal notice within 30 days from the date of bounce.
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Adv. Suparna Sinha
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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