Legal remedy as cross cheque in writing with a stamp bounced

I had given a sum 6 lac advance to a person for admission purpose for which in return he gave me a cross cheque and in writing that he had taken loan from me with a stamp on it.But when i submitted the cheque it bounced.

Answers (4)

131 votes

You have not mentioned the date on which the said cheque was dishonoured.
As you must serve a notice under section 138 of negotiable instrument act upon the respondent.within 30 days.

After service of notice 15 days mandatory time is to be given to the respondent for his reply.
Then after aforesaid mandatory time you may prefer a complaint under negotiable instrument act before the court of competent jurisdiction.

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262 votes

Dear Client,
As per your query,

Legal remedies in case of Cheque Bounce.

A cheque is issued by a person out of his/her legal requirements or secures his/her proof for payment to other party.

A Cheque is a negotiable instrument. It can be treated as an acknowledged as well as acceptable bill of exchange in lieu of money. The cheque should be crossed or stated that it is an account payee cheque.

Dear client, a cheque can be dishonored for many as in your case it is insufficient balance in the account. It is a criminal offence as per Section 138 of Negotiable Instrument Act, 1881.

When the cheque is bounced then the drawee bank instantly issue and send a ‘Cheque Return Memo’ to the banker of payee. That cheque return memo mentions the reason for dishonoring or non-payment. Lastly, the payee’s banker will return the bounced cheque and the memo to the payee.

Legal Remedy:-

Legal Notice to the person concerned-

The ideal step would be to send a legal notice to the drawer within 30 days from the date of acknowledging the ‘Cheque Return memo’, stating wherein, to make the payment to the payee within 15 days from the date of receipt of such notice by the person.

After expiration of 15 days:
If the person fails to fulfill his/her payment liability, then he/she is punishable under Section 138. The payee can file the complaint in the Court of Judicial Magistrate of First Class. I hope your issue regarding your query has been resolved. Feel free to ask in case of some confusion.

Tushar Bahadur,

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290 votes

Pls mention the date of receiving and bouncing of cheque...To file a complaint under NI act for a cheque bounce matter , dates are very crucial. Even if dates are missed you have a civil remedy to recover your money on the basis of stamped loan agreement..Regards team lawyer mitra

71 votes

yo can file directly in high court the remedy is to file under section 138 prior giving notice within one month time if he is a close friend of yours do ask him if he agrees not to get into can file damages to.

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