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What is the consequences of giving a bounced cheque


08-Dec-2023 (In Cheque Bounce Law)
Before 6 Month my friend bought me 40,000 from my bank loan and he didn’t pay any amount till date. But 2 months before he gave me a Icici cheque with my name and amount (40,000)without filling date. There is no amount in that account so I didn’t put for collection. Its very tough to pay my dues.How can proceed further.
Answers (3)

Answer #1
658 votes
Hi
given detail seems to be an incorrect statement.

It raises a doubt whether you need to pay him or he need to pay you.

Well, anycase without presenting a cheque, and insufficient return memo given by bank, you cannot take legal action.

As such, amount is only 40000/- try to settle the issue amicably, because you say he is your friend. Know his geniune reason and recover part amount or from his parents.

Otherwise, you may loose half of the money in legal proceedings and time.

Let me know if his non-payment is wilful, that means if he has money but not paying you intentionally . Then you can proceed legally after presenting the cheque to bank.
Answer #2
636 votes
Hi, you can fill the date and present in the court. Once it's bounced then you can file case on negotiable instrument act. He will come back and settle your amount. This will be the best and answerable solution to ur problem.
Answer #3
520 votes
Hi,
It is advised that you must fill in the amount which is due and payable to you by your friend and deposit the cheque in your bank account for clearance.

The bank will issue return memo and with that you can proceed over to prosecute your friend as provided under the Negotialble Instruments Act.

First you must approach a lawyer to issue notice under the NI act within 30 days asking him to pay the due amount payable to you. If your friend does not pay you within 15days from date of issuing the notice you can file a criminal complaint in the magistrate court as provided under NI Act.

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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