How to get my money back if other party is refusing to cash the cheque

611 votes

Deposit the cheque for encashment.let it bounce and then take the bank slip which says dishonoured cheque or bounced due to insufficient funds,then approach an advocate and send a notice to the concerned person.He may pay back or else proceed with filing a cheque bounce case.

Advocate Sumeet Sapkale LawRato

743 votes

Please understand that, validity of instrument is only for the 3 months. And with reference to the negotiable instrument act, for filing complaint under sec 138 of the aforesaid act there is limitation period. Please note that, if any instrument return as dishonour you have to send the notice within 30 days. Therefore , requesting you to kindly deposit the said instrument again in the bank and initiate legal remidies against the drawer.

Advocate Pranav Abhyankar LawRato

867 votes

Validity of the cheque is 3 months from the date of the issuance. Therefore deposit the cheque before it is get expired. Thereafter you can file summary suit or case under section 138 or both. And in meantime if he aproch you can settle it out of court

Advocate Prabhat J Dubey LawRato

847 votes

I would suggest you to deposit the Cheque with prior intimation to him. In case if cheque gets bounced you will be at liberty to issue 138 statutory notice to him and after expiry of 30 days you can then file a case against him. but this procedure shall help only if you have written transaction of money lent to him bearing his signatures on it. If you have not taking acknowledgment of given amount. kindly do the same and follow the procedure as suggested.

Advocate Shagufa Ansari LawRato