Cheque Bounce of 40 Lakhs

689 votes

Hi
Since 23rd september is not far of , you can represent the 2 cheques dated 27 august along with the cheque dated 23rd september and
a) Issue 3 legal notice(1 notice per cheque) within 15 days from the date of receipt of cheque bounce memo.
b) File a criminal complaint u/s138 of NI act within 30 days from the date of dispatch of legal notice if the money is not repaid.
c) Since it is a hand loan, we presume there are
a) no promissory notes signed by the borrower and
b) You had paid money to him by cheque.

in such instances, better to contact the lawyer for redressal of your grievance.

Advocate Rajagopalan LawRato

842 votes

Sir you have to file a case against the persons who has issued cheque to you first you have to send the notice to him then you have to file a case against him you need to mention all the facts of the case as he is also an advocate you have to be bit carefully in filling the case

Advocate Akshay Gupta LawRato

777 votes

Hello sir/Madam
Point no. 1 you can send legal notice as soon as possible coz limitation is there.
Point 2. You can represent cheque again but check wheater is it possible for you or not 3 months is limited for same cheque from the date of cheque 3 months.
Point 3. Better if you send legal notice on this cheque only
For further queries please contact
Thank you

Advocate Thakur Anoop Singh LawRato

610 votes

Hi,
This is M.A RAHEEM KHAN Advocate @ lawrato.com

First you have to issue legal notice through advocate to make payment of the above said two cheques amount within 15 days from the date of receipt of the notice, if he failed to pay within 15 days then you have a right to filed case U/s 138 of N.I Act . If 3rd cheque will also bounced then you issue separate legal notice of that cheque.

Advocate MA Raheem Khan LawRato

959 votes

The first step that must be taken in a cheque bounce case is to send a demand letter or legal notice to the person who has issued the cheque also called as 'drawer'. You must take help from a lawyer to draft the legal notice. The legal notice must be sent within 30 days from the date on which the receipt of cheque bounce is given by the bank. However, if the drawer does not pay the amount within the stipulated period of 15 days from the date on which the legal notice is sent to him, then the aggrieved person can file a cheque bounce case against the drawer in such a situation.


Documents Required:
The following documents are required before filing a cheque bounce case :
1) Original cheque and return memo
2) Copy of notice and original postal receipts.
3) Evidence affidavit.



Where can a cheque bounce case be filed?
There has been quite some debate regarding the area of jurisdiction of a cheque bounce case. But recent Supreme Court rulings have clarified the issue. The cheque bounce case should be filed in the area where the cheque was submitted by you, to be honoured.

Advocate Rama Chary Rachakonda LawRato