Advocate Guthe Valmik Vitthal

Questions Answered by Advocate Guthe Valmik Vitthal

Q: Cheque issued against earlier RTGS made

So I trfd money to a person using RTGS for some consumer durable business this person was doing. He was supposed to deliver some items against this payment, but he defaulted. He offered me a cheque for refund of this money, but the cheque bounced. There is no legal agreement between us or any receipt from him that he was to deliver these items to me. Only proof is that the money was transferred from my account to his. Does this amount to legal debt? Can i file a case u/s 138 of NI and 420 of IPC?

Advocate Guthe Valmik Vitthal answered
Yes you can very well file case against the person as you have proof for handing over him money for some purpose you have to give him notice within one month. Thereafter frin service of notice within 1 month you have to file case in the court

Q: How the PDC cheques payment clearance can be done

I Received two PDC cheques different dates but when I was present the first cheque that was stopped. When I called him he told me wait I'll tell you date to clear amount but he isn't not cleared amount after the 45 day's And second cheque date also over First cheque date is 30/06/2018 Second cheque date is 30/07/2018 Still not clear the payment

Advocate Guthe Valmik Vitthal answered
You can submit the first cheque in its period of validity otherwise you have option to deposit another cheque which is with you. After dishonour of the cheque you have to give statutory notice within 30 days to the accused. After service of the notice you have to file criminal case in the competant court within 30 days from the receipt of the same notice to the accused.

Q: Can a person get interim relief in cheque bounce case

I have filed case under sec 138 & my case is on summary stage where I have to file all my original documents including cheque on my next date 27 Aug. summons was issued by the court & then plea was been given by apponent in the court . As on 27 july parliament amended negotiable instrument act under which their is provision that one can get 20 ℅ amt as interim relief . So I want to ask that can I receive 20% amt as interim relief at this stage ?

Advocate Guthe Valmik Vitthal answered
It would not be applicable to previous cases as the Amendment Act . In your case process is already issued and plea of the accused is already recorded. Criminal liability cannot be fastened retrospectively.

Q: Procedure to file the complaint for cheque bounce matter

i have 5 bounce cheques of my client . among them only 1 cheque got accepted for 138 . now how to proceed ? how can i recover my whole amount ?

Advocate Guthe Valmik Vitthal answered
You have not given details why complaint under section 138 is not filed for other cheques. if you have legal dues to recover then you can file civil suit for recovery if you are unable to file complaint under section 138 of the Negotiable Instruments Act

Q: What will be the consequences of cheque bounced

there is friend of mine ,he want to acting and he asked to do need fully, i asked 3lkh and some chanel guys taken the money he left, now he asked money back so i have given post dated cheque aof 3 lkh of apil, i the behlaf of cheque i have already gven 1.5kh but , still he deposited my 3lkh cheque in the band, i asked him why you deposited 3lkh bank ,he i need 1,5lk that y i deposited, still again 2 times he deposited. tell what to do ?

Advocate Guthe Valmik Vitthal answered
Your message is not that much clear. How he paid you, by cheque or cash further you have not explained how you gave RS. 150000/-. If rs. 50000 is given by cheque then you may write your bank to stop payment. Ask him to return your cheque.