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NowHide CHEQUE ISSUED DURING MUTUAL DIVORCE CASE GOT BOUNCED
30-Mar-2023 (In Cheque Bounce Law)
 I received a cheque during a mutual divorce settlement in the 2nd motion. When I present it in the bank it got bounce. Meanwhile decree of judgement is being released. Following the legal process I send a notice through lawyer to the party asking for the payment to be cleared in 15 days. When I did not hear anything from the opposite party I filed a criminal case under 138 NI Act in the local court of my area.
How long it might take to get my money back?
Is there any other way to recover the money fast from the party?
you received a cheque during a mutual divorce settlement in the second motion
when I present in Bank it got bounced meanwhile decree of judgement is being released
when you did not hear anything you filed a criminal case
when I present in Bank it got bounced meanwhile decree of judgement is being released
when you did not hear anything you filed a criminal case
Helpful?
10+
10+
Adv. Vivek Mishra
Allahabad | 500+ Answers
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yes, there is another way. you can also pursue a civil case against the party. we can discuss in detail how to go about it. There are various ways through which you can recover the due money. We can discuss the same and proceed accordingly
Helpful?
12+
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Adv. Divyam Agarwal
Noida | 25+ Answers
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In fact the payment of amount received in second motion was prerequisite and essential for mutual divorce
when the cheque was bound the you have a right to file a criminal case against him to deceive the court for obtaining mutual divorce decree.
However you can challange the decree of divorce also on the ground of non compliance of essential conditions.
Though you have already filed a compliant case under Section 138 of N.I. Act hence you are also advised to obtain an expedite order from High Court so that the proceedings of N.I Act case may not linger.
I.
when the cheque was bound the you have a right to file a criminal case against him to deceive the court for obtaining mutual divorce decree.
However you can challange the decree of divorce also on the ground of non compliance of essential conditions.
Though you have already filed a compliant case under Section 138 of N.I. Act hence you are also advised to obtain an expedite order from High Court so that the proceedings of N.I Act case may not linger.
I.
Helpful?
16+
16+
Adv. Arvind Agrawal
Allahabad | 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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