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Legal action against the person not returning back the amount
10-Nov-2023 (In Cheque Bounce Law)
My father gave a loan to a person without any legal proof two years ago as he was in need.After sometime he said he would return the money but never did but gave a signed blank cheque.my father didn't encash it but somehow misplaced it.The said person has still not returned our money and We Have Found the check so can we start legal process against him.
Yes, you can initiate legal process by depositing the cheque into bank. You should remember that the legal process in cheque bounce cases is time bound.
1. You need to deposit the cheque into bank withing the validity period,
2. You need to get a statutory notice issued within 30 days from the date of cheque bounce,
3. Thereafter, the person issuing cheque has 15 days time to repay the amount,
4. If the amount is not paid within 15 days
5. You need to file a Complaint before a competent Court within 30 days from the expiry of 15 days as stated under clause (3) above.
1. You need to deposit the cheque into bank withing the validity period,
2. You need to get a statutory notice issued within 30 days from the date of cheque bounce,
3. Thereafter, the person issuing cheque has 15 days time to repay the amount,
4. If the amount is not paid within 15 days
5. You need to file a Complaint before a competent Court within 30 days from the expiry of 15 days as stated under clause (3) above.
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Adv. Satish Kumar
Hyderabad | 100+ Answers
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Yes definitely we can take an action against opposite party by sending a legal demand notice as well as by filing a cheque Bounce case and we can also file cheating and forgery case against him. similarly we can approach to the Civil Court also
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Adv. Anis Momin
Pune | 200+ Answers
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If you have a Cheque then deposit the same in Bank.
Once it bounces then you send a Notice U/s 138 within 15 days of knowledge of cheque bouncing.
thereafter if there is no revert nor any amount received from Party, then approach the Magistrate Court U/s 138 of Negotiable Instruments Act, 1881 and seek relief at a jurisdiction where cheque was deposited.
Once it bounces then you send a Notice U/s 138 within 15 days of knowledge of cheque bouncing.
thereafter if there is no revert nor any amount received from Party, then approach the Magistrate Court U/s 138 of Negotiable Instruments Act, 1881 and seek relief at a jurisdiction where cheque was deposited.
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Adv. Dharmendra Damani
Mumbai | 25+ Answers
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