Cheque Payment stopped and Now Not Agreeing to pay.

Hi! I am a Wedding Photographer , I did a wedding photography contract in delhi and took 50% payment in advance and the rest should be given to me later with all the deliverable's but my client payed me half of the amount by cash and rest by cheque and took all the deliverable's but the cheque was stopped next day and i couldn't get my payment . And Now he never picks my call and even he's not giving me my hard drives where we keep all our backups. what should i do , I gave them a contract before wedding but they never signed it . Am i doomed or have chance to get my Payment back .

Answers (3)

431 votes

Your query is silent when was your cheque bounced? Is period of 45 days have expired?

If no, then you can send a legal notice to the accused under Section 138 Negotiable Instrument Act thereby stating in case they fail to make the payment you will file 138 criminal complaint and under Section 420 IPC before appropriate forum.

Further you can further file a summary suit under Order 37 rule 2 thereby seeking a decree for recovery of said amount

302 votes

Hi you can send him a notice initially if you want asking for the balance payment and the Hard drive and if he doesn't pay then file a suit or in the alternative file a suit against him. Since he had issues you a cheque, he is liable to pay and the onus would be on him.

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227 votes

You need to file a section 138 proceeding against them. The starting point is sending a legal notice. Consult a lawyer asap.

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