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Person is not responding address unknown, but I have family details.
28-Dec-2023 (In Cheque Bounce Law)
I have a cheque dated to 01st Jan 2019, I am very sure the person cannot honour that amount. He is not responding to my calls nor to my messages. I have his families contact details and I know where they are working (Wife, father & mother). I can try and find his temporary address. I am preparing to file NIA 138 case against him. What are the chances of him going to jail and how should I approach this situation further.
The life of a cheque whuch us dated is 3 months maximum.The cheque if presented during it's validity and if it dishonuours the holder of cheque shall immediately have to send a statutory demand legal notice by an advocate seeking to pay amount of cheque within15 days to the known address (Pwrmanant or temporary).If he fails to honour the payment despite of legal notice, Cheque dishonour case can be filed in concerned magistrate court.Plesee note that sending of demand.legal notice is mandatory without whuch heque dishonour case cannot be filed..
Helpful?
hi
the steps are as follows:
1) Present the cheque in bank.
2) Based on cheque return memo, issue legal notice under 138 of NI act to his last known address( family contact details is valid) within 15 days of cheque bounce
3);If money is not paid with in 15 days from notice file a criminal complaint in court.
4) The person if he denies giving cheque has to pay 20% of cheque amount at time of framing charges.
5,)If convicted the person has to pay 100% of fine amount as cheque or go to jail( 3/6months depending on cheque amount).
the steps are as follows:
1) Present the cheque in bank.
2) Based on cheque return memo, issue legal notice under 138 of NI act to his last known address( family contact details is valid) within 15 days of cheque bounce
3);If money is not paid with in 15 days from notice file a criminal complaint in court.
4) The person if he denies giving cheque has to pay 20% of cheque amount at time of framing charges.
5,)If convicted the person has to pay 100% of fine amount as cheque or go to jail( 3/6months depending on cheque amount).
Helpful?
Adv. Rajagopalan
Hyderabad | 500+ Answers
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