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What to do if builder check cheque dishonored
25-Jun-2023 (In Cheque Bounce Law)
I had given cash of rs 5 lac to one builder company against this I have chq which owner gave me ,chq is dishonoured now ,do I have a remedy?
Indian legal system provide you two types of remedy.
1. You may file a complaint case before the concerned area magistrate. Because the dishonoring a cheque is punishable offence U/S 138 N.I Act. And accused shall be punished maximum 2 years of confinement or shall be punished with fine which may extend to maximum twice of the cheque amount.
2. You may also file suit for recovery.
As per my personal opinion you must go with the first remedy I.e criminal Complaint Under Section 138 N.I Act. And for that you have to sent a legal notice from advocate within the 30 days from the date of dishonor of the cheque.
1. You may file a complaint case before the concerned area magistrate. Because the dishonoring a cheque is punishable offence U/S 138 N.I Act. And accused shall be punished maximum 2 years of confinement or shall be punished with fine which may extend to maximum twice of the cheque amount.
2. You may also file suit for recovery.
As per my personal opinion you must go with the first remedy I.e criminal Complaint Under Section 138 N.I Act. And for that you have to sent a legal notice from advocate within the 30 days from the date of dishonor of the cheque.
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Adv. Vishal Yadav
Delhi | 25+ Answers
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Please get in touch with a lawyer as soon as possible so that a quasi criminal case can be filed under section 138 of The Negotiable Instruments Act and the liability of the cheque amount can be created on the builder.
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Adv. Mohd. Hashim Chauhan
Delhi | 25+ Answers
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You can file a criminal complaint u/s 138 of the NI Act only after you have presented the cheque for encashment within 3 months from the date of cheque, after it has been dishonored, you must send a demand notice to the signatory of the cheque within 30 days from the date in the return memo. If the debt is not credited in your account within 15 days from the date of receipt of the demand Notice, you are entitled to bring criminal action against the signatory.
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Adv. Navin Kumar
Delhi | 25+ Answers
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