Cheque received from an individual has bounced
14-Aug-2023 (In Cheque Bounce Law)
Sir I had received a cheque of Rs 10000 that had bounced due to the insufficiency of funds. The drawer of the cheque is not giving the money despite asking several times after this cheque bounce scene Sir what should I do now to recover my money.
he will give with intrest money but before that you have to call me.. because I need some facts , data,time of offense. so first you should call me and provide data if it will according law then I will help you .
You need to hire a lawyer, he will send legal notice giving 15 days time-period to pay , if drawer do not pay, your lawer will file case against drawer within 45 days including 15 days of notice period.
First of all issue a legal notice after than should wait reply of that legal notice within stipulate period than after than present a file before the court.So contact your Advocate as soon as possible.
The dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.
The payee has to sent the notice to the drawer within 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 15 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.
The complaint should be registered in a magistrate’s court within a month of the expiry of the notice period. You should consult with an Advocate.
The payee has to sent the notice to the drawer within 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 15 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.
The complaint should be registered in a magistrate’s court within a month of the expiry of the notice period. You should consult with an Advocate.
You need to get a legal notice drafted regarding the payment of the bounced cheque from your lawyer. Please ensure that the bank memo stating 'insufficient funds' is kept safely as the same has to be presented before the court. In a case of cheque bouncing under Sec. 138 of the Negotiable Instruments Act a strict timeline has to be observed, therefore it is recommended that you contact a lawyer dealing with such cases urgently.
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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