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Procedure to follow when cheque gets bounced
12-Dec-2023 (In Cheque Bounce Law)
Can the above Company be sued under Sec 138, as their Cheque dated 21.09.2017 has bounced for an amount of Rs 1.5 lakh, given as security for the principal amount of the FD made in 2014 for 3 years ? Interest has also not been paid. My bankers have returned the cheque. I gather the Company has closed this a/c. I represented to the Company in writing on 01.12.2017 after visiting the Company twice,in the meanwhile, as I was not aware that the representation in writing was to be made within 30 days after the cheque was dishonored. Further,I have another cheque dated 30.10.2017 for Rs 1 lakh against another FD which I have not deposited yet,since I learnt from the Company during my two visits that their related a/c had been closed. Please give me your FREE expert legal advice,to enable me to decide further course of action.
Please present the Cheque again to your Bank to raise a fresh cause of action. Once you get the dishonourment remark again from the bank, hire a lawyer to send them a legal notice to pay you the money within 15 days of the receipt of such notice by them. If they pay within 15 days, well and good. Otherwise, ask your lawyer to file a Criminal complaint against the Company within 30 days from the expiry of 15 days mentioned above U/S 138 read with 142 of the Negotiable Instrument Act. If you are in Delhi, I can send the legal notice and if the need arises, can also file and contest the case for you. Please remember the above mentioned time period, its mandatory.
Thank you!
Thank you!
Helpful?
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14+
Adv. Ashish Shaw
Delhi | 25+ Answers
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Yes 138 case can be filed in your case, as many investors / builders are facing same circumstances due to the recession situation is real estate market and we are handling same type of cases in same circumstances.
Helpful?
17+
17+
Adv. Sumeet Mandal
Delhi | 25+ Answers
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