Cheque issued against earlier RTGS made
14-Sep-2023 (In Cheque Bounce Law)
So I trfd money to a person using RTGS for some consumer durable business this person was doing. He was supposed to deliver some items against this payment, but he defaulted. He offered me a cheque for refund of this money, but the cheque bounced. There is no legal agreement between us or any receipt from him that he was to deliver these items to me. Only proof is that the money was transferred from my account to his. Does this amount to legal debt? Can i file a case u/s 138 of NI and 420 of IPC?
in this case you can file a complaint under section 138 r/w 141 of Negotiable instrument act. as you can show the payment made to the drawer of cheque and affirm about the misconduct of the drawer of the cheque, not having agreement to that effect will not bind you to seek relief under section 138 of Nigotiable Instrument Act.
Yes you can very well file case against the person as you have proof for handing over him money for some purpose you have to give him notice within one month. Thereafter frin service of notice within 1 month you have to file case in the court
You have made the transaction to a person via RTGS and he offered you the cheque from his account for the same amount. Later the said cheque bounced? Of course, you can file under NI act. Is there any communication with him for the delivery or order of the products or goods against the transferred amount?
You have to issue him a legal notice within 30 days from the knowledge of cheque bounce. You can file a case of cheque bounce to recover your money. Filing a case under section 420 of IPC will be for punishing him and not for recovery of your money. You can file a case under section 138 to recover your money. For more detailed advice kindly book a consultancy call.
Yes.
You can surely file the cheque bouncing case.
But, first you have to give Legal demand notice for the cheque bouncing as per the law through Advocate.
Once he gets the Notice and even after that within the time period provided by the law, if he fails to pay the cheque amount then you can file the complaint.
You can surely file the cheque bouncing case.
But, first you have to give Legal demand notice for the cheque bouncing as per the law through Advocate.
Once he gets the Notice and even after that within the time period provided by the law, if he fails to pay the cheque amount then you can file the complaint.
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.
Connect with top Cheque Bounce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."