Person not ready to return borrowed amount

699 votes

You have given him an unsecured loan but according to the recent Supreme Court guidlines you can recover it by filling criminal complaint 138 negotiable instrument act and I please tell the date on which the you got the memo of cheque dishonoured

Advocate Tushar Dua LawRato

926 votes

After bounced the cheque within the 3 months you have to file a case under section 138 of NI act. And it will be become a criminal case and court will take care your whole aumont and if he refused to give such amount of money with interest he will be punished by court
Thank you
A. F. Faizi (advocate)

Advocate Ahmad Fuad Faizi LawRato

728 votes

Dear Querist,
You can file a case of 138 for cheque bounce at your jurisdictional district court. But you have to send first notice to the other party within one month from the receiving of cheque from the bank.

Advocate Sushil Kumar LawRato

994 votes

You can proceed against him under Section 138 of the Negotiable Instruments Act. You have to send him a legal notice and this is to be done within 30 days from the day the cheque is returned. The other party then has 15 days to comply and return the cheque amount, failing which he can be proceeded against under Section 138. The case is to be filed within 30 days of the said failure to return the money. You can present the cheque once again if it is still within its validity period and the limitation period will be reckoned from the date of the latest return.

LawRato LawRato

760 votes

Sir
You have to file a complaint under section 138 of NI ACT
As the cheque has been bounced then you can also file a recovery suit for the same concern.
There’s a procedure for such cases which should be understood by you.
For further details please contact

Advocate Mohit Rana LawRato