Cheque bounce

78 votes

Yes your lawyer is absolute right the original cheque needs to be filed in the court.

LawRato LawRato

730 votes

he first action you must take is to serve them the statutory notice under section 138 of the Negotiable Instruments Act immediately. If they do not pay within 15 days of notice, you can pursue a complaint against them under section 138 before the competent court of law. A criminal complaint for that amount will not be fruitful. Whereas a complaint under section 138 is an efficacious remedy.

Advocate Siddhant Sharma LawRato

726 votes

yes! if you have any proof that you have provided verbal service and he owes to pay you, then you can file cheque bounce case against him in case of cheque dishonored.

For Legal Service and Support Kindly Call or Visit:

Dipack Gurchal, Advocate, Pune
Gurchal & Associates Law Services, Bhosari, Pune.

LawRato LawRato

826 votes

Dear both the account holders would be liable criminally because cheque is signed by both the holders. You can give them a legal notice if they don't reply to your notice so you can file case against him u/s 138 N.I.A.

Advocate Deepak Rathore LawRato

510 votes

Dear client verbal services can come under sec 138. If <cheque bounce then u have to send legal notice through lawyer within 30 days from cheque bounce case. If other party not pay money back then u have to file case under sec 138 of n i act.For any legal help call me

Adv Prasad Patil

Pune

LawRato LawRato

635 votes

Both the signatories are liable
Section 138 of Negotiable instruments act is very specific read with section 142 of the said act
The cheque should essentially be issued in discharge of legal enforceable liability

Advocate Sandeep Banga LawRato

522 votes

As per section 138 of NI Act when any cheque is returned back due to insufficient fund in such a case every person who is signatories to the cheque are liable and there are various number of cases decided by hon'ble Supreme Court on this same issue.Both will be held liable in this case

Advocate Sachin Pujari LawRato

525 votes

Both of them would be liable for the offence committed by them. You must send legal notice to both of them. Both of them are liable u/s 138 of Negotiable Instrument Act. Also file a complaint u/s 420 IPC too.

Advocate Brijinder Khurana LawRato

952 votes

According to your query, cheque is signed by both the account holders, the liability lies on both the account holders and committed an offence under section 138 Ni Act, and both will be prosecuted under the act.

Advocate Ajeet Kumar Gupta LawRato

705 votes

What 40 days...? I am not able to understand, consult or call me to get correct suggestions. When it was bounced..? Did u send legal notice..? 3 months over or not ..? Better you can call and resolved your query please.

Advocate Sharanagouda S. Patil LawRato

714 votes

Your question is not clear. What I feel is that 40 days passed you mean. Amount paid by you is Rs.20000/_. Cheque is issued for same. What I feel is that what you want to know if cheque can be presented or not. And that if criminal case under NI Act can be filed or not. My opinion is cheque can be presented. If bounced you have to issue notice within one month. Then have to wait for one month. Of payment is not made by accused,then criminal case for offence U/S. 138 of NI Act can be filed.

Advocate Divakara K Nidvannaya LawRato

900 votes

Why are you breaking your head with new budget. It appears you have got issued legal notice regarding cheque bounce otherwise it will be time barred. Immediately consult your advocate. But for that meager sum it is not advisable to approach the Court. Think alternative remedies to recover.

Advocate Kishan Dutt Kalaskar LawRato

552 votes

A person commiting an offence U/S 138 of Negotiable Instrument Act 1881 - Dishonor of Cheque then he/she will be punished with an imprisonment for a period which may extend upto for 2 years or a fine which can be twice the amount of cheque or both.

LawRato LawRato

649 votes

Maximum one year Regarious imprisonment punishment and compensation double amount of cheque which is bounced to the accused who is proven guilty of an offence under section 138 of The Negotiable Instruments Act 1881.

Advocate Pravin Dnyaneshwar Pasalkar LawRato

965 votes

At the first instance, you should issue a legal notice to the issuer of cheque within 30 from the date of cheque bounce demanding the cheque amount. Thereafter he has a time of 15 days to make payment if he wishes to do so. In the event of failure to remit the amount within 15 days, You need to file a Complaint against the person issuing cheque under Section 200 Cr. PC before a Magistrate in whose jurisdiction your Bank address falls within 30 days from the date of expiry of the above mentioned 15 days .

Advocate Satish Kumar LawRato

635 votes

First of all give a demand notice through an advocate within fifteen days of the date the cheque bounced calling upon the party to make the payment within15 days of the receipt of the notice or face criminal prosecution. If he fails to make the payment within fifteen days of the receipt of demand notice by him, you have to file the complaint in the court of the metropolitan magistrate or the judicial magistrate of first class within one month after the expiry of 15 days of the receipt of the demand notice by him.

Advocate Sunita Bafna LawRato

551 votes

Procedure for lodging complaint in 138 is From the date of return memo slip within 30 days the demand notice is sent to the opposite party if with 15 days of of demand notice if he clears the money then its ok or else on expiry of that 15 days within 30 days yhe complaint can be loadge with respective jurisdiction for more information please contact will help you in the matter.

Advocate Suraj Vishwakarma LawRato

586 votes

You have to give notice to the other person within 30 days from the date of cheque bounce. If the notice is not send to him in 30 days then your case wont be fit for cheque bounce case then you will have to avail other civil or criminal remedies to recover your money. I can file a cheque bounce case for you. Kindly provide me with more details for further line of action. Book a consultancy call and we discuss it out. As per this sites policy I wont be able to provide you my details here.

LawRato LawRato

614 votes

Hi....sure you can file case and fight your self in your case but for that atleast basic knowledge of law you must have otherwise opponent advocate take you left and right . After filing the case you have to give evidence before the court after that you to cross the accused . So some knowledge of law is required.
Thank you

Advocate Rama Chandra Shenoy LawRato

975 votes

Yes. You will be represented as Party in Person. You should know the procedure adopted by the Magistrate court. Ex. Filing a complaint under s.200 of cr.p.c read with 138 of N.I. Act, Sworn Statement, Evidence etc

Advocate Jamal Sait LawRato

573 votes

You can get a notice issued to the landlord through your lawyer after properly briefing him what exactly you want. Since you need time to make the payment, it can be put in the notice . For further consultation and legal services you need to contact us.

Advocate Anubhav Kathuria LawRato

963 votes

Yes u can tell the court an all that u need more time and all to pay the rent and all and he is bee threatening to file a false case and all against u and telling u have to pay to the amount and all if u don’t pay the money and all I will file a case and all u can file a complaint and all against the Person

Advocate Yash Karan Jain LawRato

793 votes

Hi ,it is advisable to issue a legal notice within thirty days from the date of cheque bounce ..if the person fails to pay the money you can file a criminal complaint under negotiable instrument act and seek refund of your payment

Advocate Hemant Chaudhary LawRato

894 votes

first of all you should sens him a legal notice. if he do not reply the legal notice then you must file a complaint after 45 days of legal notice in the curt of your city stating all the facts and all the documents including the copy of cheque must be attsched with the complaint.

Advocate Sonit LawRato

931 votes

Hi Sir/Madam
The law provides criminal action to be taken in case of cheque bounce.
Pl send legal notice and thereafter file case.
For more details pl feel free to call for better guidance
Thanks
Adv Dr Preeti

Dr. Preeti Manderna LawRato