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Filing a case for cheque bounce
16-Aug-2023 (In Cheque Bounce Law)
Hello Sir/Mam I am an owner of real estate firm which i started 6 months ago, one of my client provided me cheque as the brokerage fee of 14000 of date 17th July 2018 which bounced and also i deposited the cheque again as he was always assuring to pay online and never did the transaction and was not in contact for few days after, that too got bounced. My questions are How shall i proceed as its a small amount compared to other cheque bounce cases Can we file for double the amount of bounced cheque Whats the expected cost included?
Hello Sir
Res to your query:(107432)
Yes you can proceed and file a criminal case u/s : 138 Negotiable Instrument Act, and claim compensation as twice the amount of cheque with interest and also your client will be punished and will be committed to Prison/Jail.
PLEASE NOTE: Cheque validity is only 3 Months.
After Cheque Dishonor you have to immediate issue a legal notice within 15 days though a lawyer and file a criminal case within 45 days in the court of law.
Cost of the suit depends upon the lawyer you hire
Thanks.
Res to your query:(107432)
Yes you can proceed and file a criminal case u/s : 138 Negotiable Instrument Act, and claim compensation as twice the amount of cheque with interest and also your client will be punished and will be committed to Prison/Jail.
PLEASE NOTE: Cheque validity is only 3 Months.
After Cheque Dishonor you have to immediate issue a legal notice within 15 days though a lawyer and file a criminal case within 45 days in the court of law.
Cost of the suit depends upon the lawyer you hire
Thanks.
Helpful?
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Adv. Mufaddal Readycash
Pune | 100+ Answers
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My Response to your query:
1) send him legal notice through Advocate.
2) after notice period you can file suit
3) as per recent amendment defendant to deposit 20% amount.
4) after final order if it proves there is dishonor of cheque you you will receive the cheque amount & intrest of 20%.
For consultation you may contact me.
Thank you
1) send him legal notice through Advocate.
2) after notice period you can file suit
3) as per recent amendment defendant to deposit 20% amount.
4) after final order if it proves there is dishonor of cheque you you will receive the cheque amount & intrest of 20%.
For consultation you may contact me.
Thank you
Helpful?
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16+
Kindly note that you have to issue a legal demand notice to the person within 30 days from the date of memo. If he does not pay the amount within 15 days of receiving the said notice, then you have to file a case under section 138 of Negotiable Instrument Act to recover your money. You have to make a specific prayer in the complaint regarding compensation as double the amount of cheque bounce. Usually Court grants a penal interest. You have to pay 2% of the cheque amount as court fees.
Helpful?
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You should send a notice within 30 days of receiving cheque return memo from the bank.
You can send a notice for Rs. 14000, as there is no limit for sending notice.
Give the other side 15 days time (from the time when notice is recieved) to revert back to notice.
You can send a notice for Rs. 14000, as there is no limit for sending notice.
Give the other side 15 days time (from the time when notice is recieved) to revert back to notice.
Helpful?
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Adv. Rashi Agarwal
Mumbai | 25+ Answers
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Hello
The cheque bounce procedure are same. You firmly should send a legal notice upon such person for fulfillment of payment. If he has not rady for the same or avoide such notice then you may have remedy to approach the court of law.
Contact lawrato advocate. Regards.
The cheque bounce procedure are same. You firmly should send a legal notice upon such person for fulfillment of payment. If he has not rady for the same or avoide such notice then you may have remedy to approach the court of law.
Contact lawrato advocate. Regards.
Helpful?
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Adv. Sushama Mohan
Nagpur | 100+ Answers
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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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