Cheque bounce cheque dishonour law
05-Dec-2024 (In Cheque Bounce Law)
Cheque got bounced kindly help me out ...Please guide what are solutions . Cheque is of 5 lakhs. want to recovery money
Greetings for the day,
In this situation you have to proceed under provisions of Section 138 of NI Act.
Firtly you have to send a legal notice to the opposite party within 15 days of receiving of return memo and then after 15 days of time, you have to file a complaint before the magistrate, In order to get your money back.
If a cheque bounces due to insufficient funds, the drawer can be held criminally liable under Section 138 of the Negotiable Instruments Act. The drawer can be punished with a fine of up to twice the cheque amount, imprisonment for up to two years, or both. The court can also sue the drawer for the amount on the cheque.
To recover money from a bounced cheque of ₹5 lakhs, you can follow these steps:
1. Send a Legal Notice: Issue a legal notice to the drawer of the cheque within 30 days of receiving the dishonored cheque memo, demanding payment within 15 days.
2. File a Complaint: If the drawer fails to pay within 15 days of the notice, file a case under Section 138 of the Negotiable Instruments Act within 30 days.
3. Civil Recovery Suit: You may also file a civil suit for recovery of the cheque amount under Order 37 of the CPC for a summary procedure.
Let me know if you need help drafting the legal notice or filing the case.
Adv. Mahinder Singh Mavi
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.
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