LawRato

The drawer has stopped the payment of cheque, what to do


03-Mar-2023 (In Cheque Bounce Law)
One of the casting agency has taken money as deposited, and promised to return d same and given the time limit bt it's already 6month above plus, bt in order to pay our amount they have given pdc cheque before 3 month . Now we deposited the same on due date. Bt we got the message now the the drawer has stopped the payment. What we can do now inoreder to recover our money
Answers (5)

Answer #1
823 votes
You need to issue a statutory demand notice and ask for the payment of dishonoured cheque. If no payment is done then approach magistrate court for redressal of your grievances. But this entire exercise needs to be done quickly as there is a time limit for the same.
Answer #2
690 votes
As per Negotiable Instrument Act section 138 you can send notice to the drawer within 30 days from the date of cheque bounce.

After receipts of this notice the drawer have to answer your notice within 15 days from the date of receipts of this notice.

If he reply positively so you are lucky, if he reply negatively or if he is not given any reply, then you have remedy to file criminal cheque bounce case against him at appropriate court within 30 days from the date of receipts of allege notice.
Answer #3
725 votes
Withing 15 days you will have to send notice u/s 138 of NI act i.e. for bouncing of cheque. IF you have failed to do so, then there are alternate procedure to initiate civil proceedings against him.
Thank you
Answer #4
823 votes
A cheque is a legally enforceable debt and you have to issue a notice writing within 30 of cheque dishonour and thereafter if you do not receive the amount from the agency then you can file a complaint in a Court for offence under section 138 of Negotiable Instruments act, make sure you have the original deposit slip, bounced cheque, memo from the bank, your notice to file a complaint. For further details call me.
Answer #5
610 votes
you have to give notice with in one month of the date of cheque bounce...
and give 15 days of time to deposit amount if he won't pay with in 15 days of notice you can file complaint under section 138 of N.I Act..
for further help call me

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."