677+ Lawyers are online 
2 cheques got bounced against a loan what are the chances under 138
07-Aug-2023 (In Cheque Bounce Law)
Two cheques of Rs. 95000+100000 got bounced against a loan. Please let me know what are chances of getting the amount from the payee under section 138.
Cheque bouncing under any condition is a crime . Approach a lawyer advocate as soon as possible and file a criminal complaint u.s138. any type of delays in this matter will be a total loss for you. If u wish contact us for the said matter.
Helpful?
23+
23+
Adv. Varun Kumar
Delhi | 25+ Answers
CONTACT NOW
You need to issue a legal-cum-demand notice in the name of Payee within 30 days from the date of return memo stating that the said amount needs to be repaid within next 15 days.
If the Payee fails to pay the requisite amount within the expiry of 15 days then you may file a criminal complaint before the requisite court for his default within next 30 days.
Do remember that the time limit is to be strictly followed in cases of dishonour of cheque under Section 138 of the NI Act.
If you have failed to abide by the time limit, then you may file a summary civil suit for recovery of money under Order 37 of the CPC.
If the Payee fails to pay the requisite amount within the expiry of 15 days then you may file a criminal complaint before the requisite court for his default within next 30 days.
Do remember that the time limit is to be strictly followed in cases of dishonour of cheque under Section 138 of the NI Act.
If you have failed to abide by the time limit, then you may file a summary civil suit for recovery of money under Order 37 of the CPC.
Helpful?
18+
18+
Adv. Akshay Shrivastava
Delhi | 25+ Answers
CONTACT NOW
You have very good chance of recovery. Usually the opposite party will settle after legal notice. Otherwise also punishment under the Act is twice the cheque amount and simple imprisonment. You have all likely-hood of succeeding.
Helpful?
21+
21+
Adv. Abhay Pratap Singh
Delhi | 25+ Answers
CONTACT NOW
Please tell the time when your cheque got dishonoured. You have to send a legal notice within 30 days after receipt of return memo. Proceedings in dishonour of cheque is time barred so please send a legal notice through your lawyer as soon as you can after receipt of return memo.
Helpful?
19+
19+
Adv. Anupam Kirti
Delhi | 100+ Answers
CONTACT NOW
Hello Client,
i have read your query in which your question stand wheather you can claim the amount from the payee as his cheque got bounnced , in this condition you can claim your money from the payee through 138 NI ACT in which you will get double of the amount of which the cheques got bounced as well as you the payee if found guilty then he have to go for imprisionment of two years,its depends on you how you want to fight the case.that is for sure the money will get recovered.
i have read your query in which your question stand wheather you can claim the amount from the payee as his cheque got bounnced , in this condition you can claim your money from the payee through 138 NI ACT in which you will get double of the amount of which the cheques got bounced as well as you the payee if found guilty then he have to go for imprisionment of two years,its depends on you how you want to fight the case.that is for sure the money will get recovered.
Helpful?
13+
13+
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Cheque Bounce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
