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What to do if the check given by debtors gets bounced.
12-Apr-2023 (In Cheque Bounce Law)
I have given an advance of rupees 250000 for purchasing a flat whose total cost is rupees 1200000 payable in instalment and another rupees 200000 for it registration, but my the seller had not given me my flat and as well as my money back. And after lots of talk he gave me 2 cheque of rupees 2lac each. And he torn off my agreement papers regarding flat. I have given him the payment of rupees 250000 through online banking and another rupees 200000 through cash and that seller is my maternal Uncle .And according to his reputation , he always use to give bounce cheque to everyone​. So please help me and give me some suggestions regarding this matter.
First you submit the cheques to your bank. If the bank dishonoured it, they will return it back with a memo or slip stating the reason of dishonour. If the cheques dishonoured for insufficiency of fund maintaining by the opposite party first you have to send him a demand notice within stipulated time and give him a chance to fulfill your demand. Wait fifteen days. If he does not bother to pay within that time you have to file a case under NI Act for recovery and punishment.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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Very good sir. It means you have two cheques in your name given to you by your maternal uncle of 2 lacs each and you have paid him 4,50,000/- as in advance for a flat, even you don't have the agreement to prove the above fact as he had already destroyed the agreement. My question is what where you doing when he destroyed the agreement? And can we actually prove that he took the money to give you a flat in the court? Yes or no. Answer these questions of mine via LawRato and I will help you to get your money back with legal proceedings cause justice can be delayed but it cannot be denied
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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Dear client,
Since the cheque given by your maternal has dishonoured first you have to send notice to him under section 138 of N. I. Act.,seeking the amount in cheque bounced to be paid and in the event of his failure to do so you can file a case under 138 of NI Act alongwith a complaint under section 419 and 420 of Indian penal code.
And if he enered into an agreement with you in the capacity of developer then you can also file a case before consumer forum even though your agreement has been torned although difficult to stand this case but still can tried after going through documents.
Since the cheque given by your maternal has dishonoured first you have to send notice to him under section 138 of N. I. Act.,seeking the amount in cheque bounced to be paid and in the event of his failure to do so you can file a case under 138 of NI Act alongwith a complaint under section 419 and 420 of Indian penal code.
And if he enered into an agreement with you in the capacity of developer then you can also file a case before consumer forum even though your agreement has been torned although difficult to stand this case but still can tried after going through documents.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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Look Cheater is Cheater. He has no other relationship in the world. Therefore, if you take action against your said Famous Maternal Uncle, then other person who already cheated by your uncle can proceed against him.
Firstly you deposit one Cheque in your Bank for encashment and if it bounced, then proceed under section 138 of NI Act with the advise of your Local Ld. Advocate within 30 days from the date of said bounce.
Firstly you deposit one Cheque in your Bank for encashment and if it bounced, then proceed under section 138 of NI Act with the advise of your Local Ld. Advocate within 30 days from the date of said bounce.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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