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What steps shall I take in order to file in a case for cheque bounce
17-Dec-2023 (In Cheque Bounce Law)
I have given a friendly loan (unsecured - interest free) of 10 lacs to a business man for a period of 1 yrs in Dec 2013 with an agreement and thereafter keep extending the loan period till Nov 2017 on his verbal request. but on the condition of a security cheque & charging simple bank interest thereafter . After due date of a cheque and under its validity period, i deposited the same in the bank which was dishonored. I am not a regular lender nor i have lended money to anyone except him in my lifetime. i dont have any money lending license. Now, I have plan to file a case undersection 138 N.I. act 1881. What are the precaution do i need to take & how long it will take for court to decide?? Do i have rights to charge a simple bank interest for 3 yrs out of 4 yrs ?? Please suggest.
For filing cheque bouncing case, you have to give notice to the person who dishonoured cheque with 30 days from the date of dishonour and give that person a time of 15 days to pay your money from the date of him receiving the notice and if he does not pay your money in those 15 days, you have to file case with the concerned court having jurisdiction in 30 days from the day 15 day notice period expired. Court fee is 2% of the cheque amount.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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firstly you must sent the demanding notice within a month after cheque bounce by demanding a payment after serving the notice within fifteen days if he failed then after within a month you will find 138 case against him
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Adv. Harishchandra R Kale
Karad | 25+ Answers
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