what is the remedy in case of cheque bounce

567 votes

Hi
In this regard we will make company party but before that we have to finalise that company would not have lodged lost or theft of cheque complaint in police. All the matter can shirt out after discussion only.
Feel free to contact me.
All the very best

Advocate Rahul Sidher LawRato

890 votes

Dear Client,

you can file complaint under negotiable instrument act against the company. it is always advisable to contact an experienced lawyer, he will assist you in getting detail of company.

for further information/clarification you can call/meet me.

Regards,

Advocate Suneel Moudgil LawRato

990 votes

File a criminal complaint under section138 negotiable instrument act and under section 420 ipc ....mostly in cheque bounce cases ,sections include 138,139,142 negaotiable instrument act....there are also limitation period in cheque bounce cases...

Advocate Ankit Sharma LawRato

626 votes

File a criminal complaint under section 138 negotiable instrument act and under section 420 ipc ....company's name you can find on internet....limitation period is also there in cheque bounce cases...

Advocate Ankit Sharma LawRato

987 votes

Hi
As we discussed sir, it doesn't effect whether account is operative or non operative . There will be a case u/s 138 of NI Act. Secondly if he has issued another's cheque with his signature then this is a matter of 420.
So u r advised to bounce those cheques first then approach to me.
It's a very good case on merits

Advocate Rahul Sidher LawRato

988 votes

Either file criminal complaint under section 138 of negotiable instrument act and for that demand notice should be send within 30 days from date of dishonour of cheque and after that case filed or civil suit for recovery

Advocate Ravi Nagpal LawRato

936 votes

Either file criminal complaint under section 138 of negotiable instrument act and for that first present the cheques in bank and once it got dishonoured send him demand notice with in 30 days from the date of dishonour of cheque

Advocate Ravi Nagpal LawRato

758 votes

Dear client kindly provide full disclosure of facts so that proper and appropriate legal advise will be provided to you..... .. . . .

Advocate Deepak Rathore LawRato

810 votes

They is two ways to recover the amount by civil or criminal court options depends on you. Fee of case can't disclose herein for that u have contact in person along with evidence it will help you to ...

Advocate Akhil Verma LawRato

676 votes

For cheque amount, you will have to file case under Section 138 of the Negotiable Instruments Act.

In recovery suit, you can file suit for the loan amount.

Please confirm if there was any agreement executed between you and party

Advocate Urfee Haider LawRato

954 votes

Dear client deposit cheque in bank and in case if it got bounced then send legal notice through lawyer within 30 days to opposite party and ask for money. If other party not pay money then file case under sec 138 of n i act in court. For any legal help call me

Adv Prasad Patil

Pune

LawRato LawRato

797 votes

The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque. This Act has been amended many times since 1881.

According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.

If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately. Such a chance has to be given only in the form of notice in writing.

The payee has to sent the notice to the drawer with 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.

However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period. It is essential in this case to consult an advocate who is well versed and experienced in this area of practice to proceed further in the matter.
Legally, certain conditions have to be fulfilled in order to use the provisions of Section 138.

The cheque should have been drawn by the drawer on an account maintained by him.

The cheque should have been returned or dishonoured because of insufficient funds in the drawer's account.

The cheque is issued towards discharge of a debt or legal liability.

After receiving the notice, if the drawer doesn't make the payment within 15 days from the day of receiving the notice, then he commits an offence punishable under Section 138 of the Negotiable Instruments Act.

Advocate Siddhant Sharma LawRato

930 votes

Dear client first u have to apply for cancellations of arrest warrant in court. U have to give bail bound whole applying for cancellations of arrest warrant. For any legal help call me

Adv Prasad Patil

Pune

LawRato LawRato

505 votes

Now send you demand notice for given money amount of the cheque within fifteen days. If you give not respons. And then You can file complain under section 138 of negotiable instrument act before judicial magistrate court.

Advocate Atul C Faldu LawRato

632 votes

You can file a complaint under section 138 of Negotiable Instrument after serving a legal notice demanding the amount of cheque from employer, in case, employer fail to pay the amount you can file a complaint. Another option is labour laws, you can file your claim with Assistant Labour Commissioner if the cheque is received on account of your wages/salary.

Advocate Rohtash Kumar Solanki LawRato

998 votes

There was transaction of loan between you and your friend. Your friend taken the loan. You have not mentioned in your problem whether you have paid the money to your friend in cash or by cheque. If it is in cheque then a receipt for cash received must have taken by you. In case the father of your friend and company of your friend give undertaking that they are issuing the cheque for partly payment on behalf of your friend, then the father of friend or company may be held responsible otherwise not. Suggestion, please get fresh cheque or demand draft from your friend. There is no point to get the available cheques dishonour and to contest the case.

Advocate Rohtash Kumar Solanki LawRato

739 votes

Dear Client,

You can file complaint under negotiable Instruments act depends on Validity of Cheque, you can also file criminal complaint for cheating against your friend before police or Ilaqa Magistrate.

for further clarification/information you can call/meet me.

Regards,

Advocate Suneel Moudgil LawRato

912 votes

You can file a complaint of cheque bounce,irrespective of the fact that who has signed the cheques, the account holder has liability to pay the cheque amount. Need more details to assist you accurately .

Advocate Akash Gupta LawRato

832 votes

Dear client cime to meet me . and tell me full disclosure of facta ,

Advocate Deepak Rathore LawRato

665 votes

Under which circumstances they have not given ur salary plus secondly ubhave not mentioned correct date. Facts of the case there's is only Option to file recovery under civil or I'd act if ur industry works

Advocate Akhil Verma LawRato

578 votes

You give them a demand notice asking for the payment . And wait for 15 days if they do not pay heed to your notice then you can proceed with the trial. Firstly ask them to make payment that might help u in getting the salary. If they give you in advance then that's ok if not then proceed with the trial

Advocate Suneel Kumar LawRato

916 votes

You have to file a case against them under section 138 of negotiable instruments act and can claim your more from them simultaneously you can file a criminal complaint of forgery under section 420 for signing without having any authority. You will definitely get your money back and send them behind bars.

Advocate Vikas Sangwan LawRato

547 votes

Sir,

You can deposit the cheque in your bank within ninety days from the date of cheque. If the same is getting dishonored, you may approach the concerned court and file a case of dishonor of cheque.

Advocate Amit R Kukreja LawRato

814 votes

you need to immediate proceed for bail application and then after decide what you need to do with the property. either resale to somebody or else ask for some time from court to pay the EMI.

Best Regards,
Adv. Jyoti Kolhe

LawRato LawRato

878 votes

Since the cheques have been issued in discharge of a legally enforceable debt, you do not have any defence, in ant case you can appear before the Court and get the warrant recalled and contest the matter and gain some time to make payment to the banker.

Advocate Satish Kumar LawRato

531 votes

You can deposit the cheque and get it bounced and file a cheque bounce case. The procedure for filing a cheque bounce case is as follows :
"upon return of cheque being unpaid, you need to issue a legal notice within 30 days from the date of cheque bounce demanding the payment of cheque amount and thereafter the issuer has an opportunity to pay the amount within 15 days from the date of receipt of legal notice. If he does not make the payment within 15 days you can file a complaint before a competent Court. The maximum punishment is imprisonment up to two years or/and a penalty up to Rs. 10,000/- or both and compensation two times the cheque amount."

Advocate Satish Kumar LawRato

701 votes

There is only remedy to file case under 138 no act but file a case and may process there is limited period if you crossed the limitations, so we have some alternative solution for you otherwise it is not

Advocate Akhil Verma LawRato

932 votes

Approach a good civil lawyer for this with all your doccuments. You can get your money back with interests also. File a suit. This problem is very common these days with builders and many cades has been resolved by the courts.

Advocate Varun Kumar LawRato

707 votes

You can file a case u/s 138 NI act which is punishable for 2 years and you can also booked the builder for cheating and fraud and you can also file a recovery suit to recover your money. However in casr of 138 limitation period is to be seen.

Advocate Ankit Khanna LawRato

511 votes

you have not written the date of cheque and even bouncing date. If three months period of the cheque date expired then you cannot file a case of criminal nature. But for the recovery of the claimed amount you may file a recovery suit in the court within three years of the cheque date.

Advocate Mohammed Shahzad LawRato

915 votes

You can ask for the payment of bounce cheque if he doesnot agree than send a notice by Advocate to file case within 15 days. If he is not reverting than you can file a case u/s.138 of Negotiable instrument Act

LawRato LawRato

809 votes

If you gives a cheque for valid reason then you have the responsibility to clear cheque amount but when any person by means of cheating obtained cheque from you then you report it as early to concern bank and police and keep the receiving in your safe custody

Advocate Kumar Vikas LawRato