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What is the procedure for filing cheque bounce case
09-Dec-2023 (In Cheque Bounce Law)
One person has presented three cheques to me.Already one bounced.Two are yet to submit in bank.As per agreement he will clear my all money within dec31,2016.For first cheque he has given lot of excuses(like wait for sometimes,demonetization issue etc.) and has been bounced over 1 month.Still he is giving the verbal date that he will clear first cheque money through netbanking on 12th December,2nd cheque on 19th DEC and third cheque on 29th DEC.But previously he has played emotionally by changing date day by day and still I didn't send any demand notice for first cheque bounce.I am in confused position how to tackle those things as he has given date within DEC end but still is not paying money.Should I wait till 12th DEC or up to 29th DEC?Or may I take any immediate legal action against him?
First cheque has bounced over one month so now you cannot send any demand notice. So wait for 12th Dec and if you are not paid then submit the second cheque ,if bounced ,than within 30days send him the demand notice. If from the receipt of such notice ,you are not paid,within 15 days then you are free to file case against him . Moreover if you send him notice he will be in pressure and may pay u by Dec. 16 .
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Adv. Soma Das
Barasat | 25+ Answers
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Hi
You can proceed to the criminal court under the provisions of NI act by sending him demand notice
If he fails to pay the amount then you can go for the complaint u/s 138.
Contact for further detailed advice
You can proceed to the criminal court under the provisions of NI act by sending him demand notice
If he fails to pay the amount then you can go for the complaint u/s 138.
Contact for further detailed advice
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Adv. Rohit Shaligram
Pune | 500+ Answers
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Sir / Madam,
we can issue legal notice to the party and thereafter if the party is not settling the matter, we can file a private complaint under sec. 138 of the negotiable instruments act in the concerned court of law.
we can issue legal notice to the party and thereafter if the party is not settling the matter, we can file a private complaint under sec. 138 of the negotiable instruments act in the concerned court of law.
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Adv. Amit R Kukreja
Mumbai | 25+ Answers
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Give HIM simple notice
In which mention amount and purpose of giving the cheque
Within 30 days he have to return the money otherwise he have to face trial
Which will be not easy
For that purpose you have to FRIST give notice if then also he doesn't pay you can go to court
In which mention amount and purpose of giving the cheque
Within 30 days he have to return the money otherwise he have to face trial
Which will be not easy
For that purpose you have to FRIST give notice if then also he doesn't pay you can go to court
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Adv. Avinash Jain
Mumbai | 25+ Answers
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Taking into consideration the above facts and your query therein.
When a cheque is bounced. You may file a criminal case under Sec 138 of NI Act against the defaulter.
For the purpose of filing the case you will need all the bill issued to him , acknowledgments( IF Any ) , Valid cheque instrument, valid Cheque memo.
Best Regards.
When a cheque is bounced. You may file a criminal case under Sec 138 of NI Act against the defaulter.
For the purpose of filing the case you will need all the bill issued to him , acknowledgments( IF Any ) , Valid cheque instrument, valid Cheque memo.
Best Regards.
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Adv. Harshad Rathod
Pune | 100+ Answers
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There is heavy penalty as well as penal provision for person who have bounced the cheque, but you have to send legal notice within 1 months from the date when cheque is last bounced thereafter you have to file case within 45 days from the date of sending of notice.
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Adv. Shashi Chaturvedi
Thane | 100+ Answers
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