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Returned money with interest still cheque bounce case filed against me
05-Feb-2023 (In Cheque Bounce Law)
I have take some debt from any person and i give my blank cheque to him. After three month i give his full payment with probable interest.. now my problem is that he does not give my cheque return and force me to give more money otherwise he would take any legal action against me , he was also bounced my cheque from bank with 5 lac rupee and put the case against me in the court. What can i do in this situation?
Since you have issued cheque to the debtor for the payment of your debt and the cheque bounced due to the fault of the debtor where the debtor failed to produce the cheque within six months from the date of issue, then the debtor is at fault and he cannot initiate a legal proceedings against you for recovery of the amount. But if the cheque bounced due to any other reason than the process of filing a cheque bounce legal proceeding starts by sending a legal notice. Once you receive the legal notice and fail to pay within 15 days of receiving the legal notice, the person may file a case under section 138 NI act against you and another case under section 420 of IPC. Simultaneously he can also file a civil suit for recovery of the money. In reply to the legal notice you can request the debtor to give you time to the payments.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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