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Recovery of money in cheque bounce case


20-Apr-2023 (In Cheque Bounce Law)
Party has issued us cheque of 16 lakhs and it got bounced. Now party says we do not have money to repay you.if we file case against them how we will be able to reciver our money.
Answers (5)

Answer #1
950 votes
Dear Client,

Dear client please file cheque bounce case against that person. Firstly send him legal notice and gave him 15 days time to pay u the amount. After that file a complaint under section 138 NI Act. Dear client for more clarification u can contact me and I m happy to help u.
Answer #2
544 votes
this is no defence in law. as per the legal terms, a person has no money when he is declared as "bankrupt". his intention of not paying you back is pretty clear and is thereby making excuses for the same. you can still go ahead with the case and he will have to answer in court
Answer #3
569 votes
hello dheeraj
as ur cheque of 16 lakh have got bounced as when I try to contact tht person then he replied to you that he do not have money to repay ur money so you are having options to file case that is the only option to get ur money back . by the help of judicial process.
Answer #4
602 votes
Query perused. You may contact us for initiating legal action against the concerned party. There is a limitation period for issuance of legal notice and filing of criminal complaint under section under section 138 NI Act. For further consultancy and legal services you may contact us.
Answer #5
981 votes
Hi,

It’s important to understand that a cheque was give to you to discharge a liability by the opposite party. It was dishonoured. So, it attracts section 138 NI Act.

Now, there’s a whole many process involved in this starting with sending a notice. For this you need an advocate to help you.

Feel free to contact me for all legal guidance.

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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