Legal remedy against cheque bounce and to recover money

770 votes

Legal Notice to be sent within one month from the date of returning memo and if it is delayed then u may face difficulty
It’s better that you go for summary procedure which is a civil remedy in order to avoid any technicality under section 138 NI Act

Advocate Priyanka Bhagat LawRato

818 votes

Hi,
The money given by you is in the form of a friendly loan. In this situation if you fall within the limitation period as prescribed in the NI Act you can annex all the cheques along with the last bounced cheque provided to you by your friend and file a complaint in the court under the NI Act.
Or if the limitation period is expired you can file a recovery for the recovery of your money which is a summary proceeding suit under order 37 of CPC. But you’ll be required to file the suit along with the court fees as prescribed by the State.

Advocate Shivankar Mehrotra LawRato

729 votes

See As I am not able to understand your quiry.
As I can read that your friend had issued a cheque of Rs. 60000/- pertaining to return your amount. But same has dishonoured. But you didn't mention the date of on which the said cheque had dishonoured. What about 6000 and connection of 140000 with your amount. See amount will be recover from your friend.
Now limitation of filing of section 138 has expired.
Now the only civil remedy is available to you. I.e suit for recovery of amount along with interest and litigation coast.
For more about your quiry please contact me with your complete details.

Advocate Shahrukh Inam LawRato

715 votes

Hello Dear,
I did not understand how are you demanding Rs.1,40,000/- whereas, the dishonored cheque amount is Rs 60,000/-. furthermore, you have not disclosed the date of dishonor of the cheque so that i can reply to property however the law (in term of criminal proceeding) is as under ;
1. the Legal demand notice must be issued within 30 days of dishonor of the cheque.
2. Through the legal demand notice put a demand of money within 15 days of receiving of the notice.
3. On lapse of of given period of 15 days, thereafter within 30 days you have to file the complaint before the magistrate.
there is provisions that on proving the case the Accused be sentenced up to 2 years simple imprisonment and fine upto the double of the cheque amount.

Apart that you can also avail civil remedy by filing a money/recovery suit under order 37 of CPC or simple money recovery suit with paying court fee as accordingly.

Advocate Mohan Kaushik LawRato

607 votes

Though you have not mentioned complete facts of the case but you please note that if a person has issued cheque in your favour, there is a presumption of giving money in your favour. The other person has to rebut that presumption to get rid of. If we are able to prove the fact of giving money to him. He would not be able to escape from his liability. One thing you take care about the limitation for filing complaint within time.

Advocate Prabhakar Pandey LawRato