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What is the procedure for cheque bounce case.


07-Dec-2023 (In Cheque Bounce Law)
Regarding cheque bounce. I have cheque of 4 laks in my name. I have given money in cash to him He is denying to pay my money saying he is bankrupt pls suggest. Can I bounce cheque and file case
Answers (2)

Answer #1
927 votes
Cheque is in your hands for 4 lakhs.
If both are capable of lending hand loan and capable of receiving that money for debt then it becomes legaly enforceable debt.
Mere say of bankruptcy not a ground to dicharge liabality under section 138 of NI Act

So present the cheque for cocerned bank of your account
For encashment
Get return memo of endorsement of dishonored cheque.
Send legal notice through advocate demanding for payment of debt which is mandatory
After acknowledging receipt of notice by debtor lodge private complaint punishable under section 138 of NI Act, with all the originals cheque,return memo, notice. Before jurisdictional court

This is what procedure for filing cheque bounce case

Regards from
Ravindra prasad
Answer #2
599 votes
You may file case. Take care to file it in time. Cheque bounce case filing is time-bound. Within one month of return of cheque, you need to issue statutory notice giving 15 days time for payment. You need to file case within one month from the date of completion of 15 days or receipt of his reply without payment whichever is earlier.

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