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Cheque bounced in May 2018 but have now got legal notice to repay
28-Nov-2023 (In Cheque Bounce Law)
Hello Sir/ Madam
I had issued a security cheque 2 years back. The person lended me 2 lakh rupees. I returned 50k by bank and remaining by cash. Since he had transactions with my brother also he refused to return my cheque. Now after 2 years he dropped the cheque in bank two times. But he did not send a notice for section 138. Now I have got a notice from his advocate stating to return money in 15 days or he will file a case under section 419/420 against me. Please help me with possible resolution, consequences and if I can be jailed? If I can be jailed then is it bailable? Pleasw tell me how proceedings work here in this scenario
Also the person calls me every day, harrasses me and has also tried to get into my office. Please suggest what can be done
After perusing your query I'm of the considered opinion that rebuttal to the notice received by you is of utmost importance and relevant in this scenario. Since you have already paid back the money you should issue an appropriate reply rebutting that no payment is due from your end. For further consultancy and legal services you you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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the first step is to reply to their legal notice and tell them why you do not owe them the alleged balance amount . if the cheque bounced in May, 2018, then the period for limitation is over and the case cannot be filed. you can only be jailed if the police lodge an FIR and then also there are other options available to you. i can draft the reply and we can have a meeting
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Adv. Rohan Sharma
Delhi | 200+ Answers
CONTACT NOW
Hi sir good evening what happened in the case what did he say when did u pay the Loan and all how was the amount of the loan and all what is the person saying and all why did he send the legal notice now and all for the money do u have all the proof and all that u have paid the money and all h can file a compalin against them and the bank also
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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In order to answer your queries I need to know certain things. you mentioned that you paid therest amount in cash.what I want to know is there any receiving given by him regarding those transactions that you have paid him such amount??? And you please don't worry it's a bailable offence.
feel free to contact
With Regards
Shasha Jain , Adv
feel free to contact
With Regards
Shasha Jain , Adv
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Dear Client,
If cheques were issued and has been put into bank for clearing and has bounced then , you may be convicted, and case .ay be filed for recovery. But , if in notice if details of e.g. date of bouncing is given and if it falls within period as per NI Act. or not which has to be checked.
Here the nature of business has to be looked into, how your liability occurred, how he says that you are liable for , was it on paper, signed anyway. However, Security cheques are not the considered under NI Act for bounce u sect. 138., If you would proof that that was only security cheques then , you will be relaxed by law.
Moreover , at present you will have to reply legally that notice . You may consult fir the same . Pls. Rate and Review.
If cheques were issued and has been put into bank for clearing and has bounced then , you may be convicted, and case .ay be filed for recovery. But , if in notice if details of e.g. date of bouncing is given and if it falls within period as per NI Act. or not which has to be checked.
Here the nature of business has to be looked into, how your liability occurred, how he says that you are liable for , was it on paper, signed anyway. However, Security cheques are not the considered under NI Act for bounce u sect. 138., If you would proof that that was only security cheques then , you will be relaxed by law.
Moreover , at present you will have to reply legally that notice . You may consult fir the same . Pls. Rate and Review.
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Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
CONTACT NOW
Hi Sir,
First of all we would like to know, if you have any proof for payment made in cash. Secondly, nothing to worry about, we would like to see the notice and send a strong reply to the same. For any assistance on this regard or for any other information, feel free to have a word with us. All the best.
First of all we would like to know, if you have any proof for payment made in cash. Secondly, nothing to worry about, we would like to see the notice and send a strong reply to the same. For any assistance on this regard or for any other information, feel free to have a word with us. All the best.
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Adv. Sahej Uban
Delhi | 500+ Answers
Chat
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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