What to do the debtors cheque bounced
27-Jun-2023 (In Cheque Bounce Law)
i have given 100000 rupees to one of my friend , since last 2 years he as not responed to me and how can get thAT AMOUNT , i have bounced the cheque and i have promise note with legal signature.... kindly help me how i should proceed and recover that amount
Dear,
If 30 days have not completed from the date the cheque was bounced, send a legal notice to the defaulter through a lawyer demanding him to make the payment. If after receiving the notice, he is not paying the amount, file a cheque bounce case against him in the jurisdictional magistrate court within whose jurisdiction the cheque was bounced within 30 days of receipt of his notice. Since you also have a promissory note signed by the defaulter, you can also file a money recovery suit in the jurisdictional civil court under whose jurisdiction the cause of action arose, where the defaulter resides or having his office.
If 30 days have not completed from the date the cheque was bounced, send a legal notice to the defaulter through a lawyer demanding him to make the payment. If after receiving the notice, he is not paying the amount, file a cheque bounce case against him in the jurisdictional magistrate court within whose jurisdiction the cheque was bounced within 30 days of receipt of his notice. Since you also have a promissory note signed by the defaulter, you can also file a money recovery suit in the jurisdictional civil court under whose jurisdiction the cause of action arose, where the defaulter resides or having his office.
Hi
If the cheque is valid (90 days is the validity from the date mentioned in cheque) then you can present the cheque and if returned unpaid, you can file a case u/s138 Negotiable Instruments Act( Criminal).
Alternatively you can also file a case u/s 420 (cheating) in the nearest police station(criminal).
Alternatively you can file a money recovery suit in civil court and claim your money along with interest.
Please note that criminal cases will result in borrower going to jail(generally borrower's pay to avoid going to jail) where as in civil suit you can attach the properties of your borrower and recover your money.
If the cheque is valid (90 days is the validity from the date mentioned in cheque) then you can present the cheque and if returned unpaid, you can file a case u/s138 Negotiable Instruments Act( Criminal).
Alternatively you can also file a case u/s 420 (cheating) in the nearest police station(criminal).
Alternatively you can file a money recovery suit in civil court and claim your money along with interest.
Please note that criminal cases will result in borrower going to jail(generally borrower's pay to avoid going to jail) where as in civil suit you can attach the properties of your borrower and recover your money.
When that cheque was bounced you did not mentioned in your request.
But you have promissory note also na So go and file a suit against him
You have to pay court fee
And you can attach his property in court of law.
But you have promissory note also na So go and file a suit against him
You have to pay court fee
And you can attach his property in court of law.
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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