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Legal notice sent but drawer still not paying.What to do?


25-Feb-2023 (In Recovery Law)
My cheque has bounce and i given legal notice to drawer for payment within 15 days. if drawer unable to payment, because he has not money for payment and no assets, but which house, where he living, this house is name of his mother. in this case, court what to do for recovery of cheque amount.
Answers (1)

Answer #1
927 votes
After the cheque is bounced you are bound to send the concerned person a legal notice for initiating proceedings under section 138 of Negotiable Instruments Act.

If within 15 days the payment is not made you can register a complaint under section 138 of NI act which is a criminal proceeding. This needs to be filed within 30 days of the completion of 15 days of the notice delivery date.

Alongwith that you can file a recovery suit / summary suit in the concerned civil court simultaneously.

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