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What are my options in Bounce cheque due to insufficient funds
09-May-2023 (In Cheque Bounce Law)
I made an investment in on Pvt LTD company to become 50% share holder. I paid money to be used for increase in authorized capital only with proper moa/SHA done by other partner. Unfortunately my other partner misused the money and never gave me a clarity of what they did with money. Instead gave me a personal cheque mentioning " as repayment of the investment". But that cheque has bounced twice by now. . Since last two months the person isn't even replying my calls or messages. I'm based out of India and can't be in Mumbai even. What can be done? He easy and safe it is to go with case against the partner who has now cheated me? The partner is female so does it mean it's easy for her to get away with such cases by getting mercy from court ?
This is clear case of cheating you can lodge FIR against her for cheating and criminal breach of trust u/s 420 and 406. You can also file cheque bounce case against her but you must send a notice within 1 month of cheque bounce date, so you can once again deposit in bank and cause of action once again arise, where as you also have option to file recovery suit against her. It doesn't matter much to court whether accused is male or female...
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Adv. Shashi Chaturvedi
Thane | 100+ Answers
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Plz send the date on which disputed cheque was issued. As per Section 138 of the Negotiable Instruments Act a legal notice has to be issued within 1 month of the dishonour of cheque. Upon said notice 15 days time is to be given to drawer to make good the payment and upon his failure to do so the criminal complaint has to be filed within next 1 month. The fact as to whether the drawer is male or female is immaterial. If the cheque in question is issued to discharge the legally enforceable debt then the drawer irrespective of gender has to face the legal consequences. So, do not worry.
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Adv. Ujwal Deshpande
Nagpur | 25+ Answers
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The Accused being male or female has no bearing on the court. Filing a cheque bouncing case can also get her to be summoned by the court through warrants. But this depends on whether the cheque is still valid and can be deposited on time. Thereafter a notice will have to be sent and then a complaint filed. This can also be done through an authorised representative who you may appoint since you are not residing in bombay. A complaint can also be filed in the police station for cheating and misappropriation. For that you would need to come to bombay to give a statement at the time of registering the FIR.
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Adv. Lakshmi Raman
Mumbai | 25+ Answers
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