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What is the procedure for cheque bounce.


04-Dec-2023 (In Cheque Bounce Law)
I received a cheque from house owner who stays in bangalore. The cheque is submitted in hyderabad and got bounced. The cheque is worth around 4800/-. 1. Can I send legal notice from vizag and file a case in Hyderabad ? 2. I have been calling him on his number, but he is not picking. I can guarantee you the number is active and being used by him (as he msg in whatsapp group daily) 3. The house owner has many flats. So, in rental agreement he mentioned his address as one of those flats. But, he gave that flat for rent. He is not staying there. Can I send notice to that flat (which he mentioned in rental agreement). If not, what are the alternatives ? 4. The lawyer is asking 2000/- for notice and 30000/- for case. And my friends are saying it is not worth considering the costs, delay in court proceedings and verdict. I couldn't decide on what to do. Please suggest. Please provide some alternatives legal or non-legal to collect my money.
Answers (13)

Answer #1
820 votes
Sir now u have to send him a legal notice through advocate and have to give him 15 days time for making payment and if then also he didn make payment then u can file a complaint case against that person to the concerned court within 30 days of time after completion of 15days time give in legal notice . For more information do contact along with complete details of Ur case so that can help u out better in it.
Answer #2
652 votes
Sir
If the cheque has bounced 3 times then you should send a legal notice to then demanding your payment and if payment is not made even after legal notice then you can file a case against them for cheque bouncing.
Answer #3
504 votes
well you should make it quick and have a case filed before the validity of the cheque expires. you will have to criminally proceed against such person or company and seek recovery of the amount criminally as well as under the civil law.
Answer #4
716 votes
Hi,

As per the information provided by you, you have two remedy to recover the said amount:
First is by filing criminal complaint case u/s 138 NI Act and second is you can file a civil suit for recovery of the said amount.

Note: Both remedies have limitation and must be filed in limitation period.

Thanks.
Answer #5
972 votes
Visite an Advocate alongwith the copy of cheque bounced & bank qcknowledgement/memos issued by your branch. Instruct your wdvocate to issue the notice under 138 for payment wait for 15 days after expiry of the said period instruct your advocate to lodge a criminal complaint under 138 of NI Act. Do not sent legal notice on your own sent it through advocate as they have special skill in drafting notices and complaint. The detail advice can only be given after perusal of all records.
Regards,
Answer #6
670 votes
After the cheque is bounced you are bound to send the concerned person a legal notice for initiating proceedings under section 138 of Negotiable Instruments Act.

If within 15 days the payment is not made you can register a complaint under section 138 of NI act which is a criminal proceeding. This needs to be filed within 30 days of the completion of 15 days of the notice delivery date.

Alongwith that you can file a recovery suit / summary suit in the concerned civil court simultaneously.
Answer #7
602 votes
Cheque bounce case filing is time bound. Within one month from the date of bouncing of cheque, you need to issue a legal notice calling upon the drawer of the cheque to pay the cheque amount within 15 days. If he does not, case may be filed within one month from the date of expiry of that 15 days. It may take two to three years for concluding the case.
Answer #8
514 votes
Dear Sir,
U have to send legal notice through Ur advocate. Despite of notice if he has not paid than u have to registered case before concern magistrate court, proceedings may take a year or two year.
Answer #9
941 votes
Issue legal notice within 30 days from the date of dishonour of cheque to him

And on receiving your notice of dishonour file complaint within 30 days
The proceedings are fast and you can get results within one and half year.
The customer has to take bail so chances of settlement in court or after sending notice before filing case is more if it is so you get results within 3months

Regards from
Ravindra
Answer #10
951 votes
10 means
Anyway if check has bounced 2 times then u send a legal notice to the person then after his reply u can take action against him or file a suit of check bounced After 15days of notice.
If any other legal advice u can contact me.
Answer #11
972 votes
Within a month from Last time when it is bounced you have to send a Legal notice to him, thereafter within 45 days you have to file case in court UNDER SECTION 138 OF N.I ACT. For further information contact me
Answer #12
787 votes
Dear client first issue legal notice through lawyer to the opposite party within 30 days from cheque bounce date. If opposite party not pay amount after service of notice then file case in court under Sec 138 of n I act. For any legal help call me

Adv Prasad Patil

Pune
Answer #13
900 votes
hi i have been through your query cheque bounce cases are very vide and complex i will need all the details of the transaction before recommending or giving any legal advice which may please be noted!

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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