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Invested in a company issued cheque but no fund what do I do now


01-Mar-2023 (In Cheque Bounce Law)

I stay in Mumbai and have invested in a company which is located in Ahmedabad, Gujarat. They had issued me a Post dated cheque December 2015 for the date of 15th Feb 2016 for the payment. Now on 15th Feb they requested me not to deposit the cheque as there is no funds in the account. Later now I am getting everyday a new date and now I came to new that they have stopped the payment of that cheque. I am stucked as the company is now not responding to my phone calls neither they have issued a new cheque. What should be my next step to proceed legally against this culprits?

Answers (3)

Answer #1
514 votes
Dear sir,

I think you should not wait for response. Please go ahead and deposit cheque. once you get dishonour intimation contact lawyers dealing with matter u/s.138 of NI Act and get notice issued. upon failure to pay after notice you will have to file complaint to Magistrate. I think this is best way to recover. You have to follow this seriously to ensure recovery.
Answer #2
862 votes
for 138 you must have a dishonour cheque memo. are the intimations recd by you are verbal or in writing?? If you would have a dishonour cheque grounds then you can proceed with 138 application and if not then you may file a recovery suit proceedings in civil court of law.
Answer #3
790 votes
You need to give Notice within 30 days from Dishonoured of cheque and give him 15 days time to pay the cheque amount. In case of default you cane file Complaint in Magistrate Court. There is Greater Chances of Recovery of your Amount.

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