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How to handle cheque bounce case in recovery matter


24-May-2023 (In Cheque Bounce Law)
First cheque given by Customer was bounced twice and replaced by another cheque whose payment was stopped by customer. After sending notice u/s 138, case could not be filed as second cheque was notpresented to banker second time and it got expired. Pl confirm whether it will be beneficia to file case now under u/s 420. Thanks and regards, mukesh
Answers (3)

Answer #1
853 votes
Now you havec2 options. You can file a criminal case under section 420 as well as a recovery suit. Since you lost opportunity to file complaint under negotiable instruments act therefore this is the only option left.
Answer #2
544 votes
Dear Mukesh, as per given information you have a expired cheque and after seading notice you didn't filed a case u/s 138 N.I.Act. at this stage you have to 2 option. First - filed a suit of recovery (civil suit) and second - you can file a criminal complaint, for recovery of your​ amount.
Answer #3
703 votes
Well being a banker or a financial institution, the cases under NI act are used as a took to pressurize the customer to repay. you have an option to file a complaint case against the defaultet, the only difference between NI act and complaint is, it will take more time instead of NI act case. But having no other option u can file a case u/s 420 IPC.

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