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Can extra amount be claimed more than the cheque amount
20-Jun-2023 (In Cheque Bounce Law)
Hi Sir I had filed a cheque bounce case against Ramaiah Properties for the amount of Rs 5 lakhs in Chennai I had sent them a legal notice through my lawyer but they had returned it to my lawyer without even reading what's in the notice as per the agreement they were supposed to pay 10 percent amount for 6 months for the investment of 5 lakhs every month which they had failed to do so which is why I filed the case as 6 months has been completed but they returned only 235000 balance 6lakhs is still pending and also the cheque which they had given me for 5 lakhs had been bounced as the account itself was closer I just want to know can we claim extra amount as a penalty for cheque bounce case also they have property of 3 crores with them is it possible can we claim double the amount for cheque bounce
As per 138 of N. I. act you can't claim more than the cheque amount. There is no provision for order to pay interest on cheque amount in cheque bounce case, but court can order double the amount of cheque. But courts are not usually doing it. If you want interest on cheque amount file civil case.
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Adv. Santhosh
Ooty | 50+ Answers
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In 138 NI Act cases you can claim only cheque amount along with agreed interest rate. Any other claims on the basis of agreement has to be taken to Civil Court under a money suit or under Payment & Settlement Act. If you have issued the notice, proceed with the filing of the case before deadline of 30 days. Do not go soft on the matter. Do contact me if you need legal assistance.
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Adv. Sathya Narayanan Subramanian
Coimbatore | 200+ Answers
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the interest for the cheque amount claimed shall be filed when the case u/s 138 to 141 of NIA was filed. the person has to substantiate his claim in a proper manner. the readings given by the person cannot be understood since it is part and parcel
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Adv. Murali Krishnan Sanjeevi
Chennai | 700+ Answers
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