What to do when the cheque bounce
15-Jun-2023 (In Cheque Bounce Law)
Dear Sir, We have taken machine on hire basis and paid advance, but due to some reasons machine not working properly and we told the party to lft your machine and repay advance. in mean time another person came and he showed documents of ownership of that machine and he agreed to return back money to us with post paid cheques. Now that both cheques bounced when we went to bank for collection.
Dear Client,
A legal notice will be sent to the person who issued you the post dated cheques. Thereby giving him a time frame of 15 days to settle the liability, if the said time frame expires and the amount remains unsettled then a case u/s 138 N.I. Act will be filed before the appropriate Court claiming the amount unpaid along with compensation against the mental agony. In case of any other legal advice feel free to contact.
Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.
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When your cheques are bounced then you give the legal notice and after that who person not refund your money you filed a suit in the court u/s 138 N.I. act enclosed all papers. Your cheques validity is must in this case.
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you have to file the case within 30 days from the date of cheque bounce under section 138 of NI ACT what agreement and the receipt of the amount given and all the relevant documents between you and the party concern should be file with it.
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A case under Section 138 of the Negotiable Instruments Act is made out w.r.t. the dishonoured cheques (depending on how you are able to prove the legal liability of repayment of the issuer). An alternative remedy would be to file recovery proceedings for recovery of the amount payable in lieu of the machine.
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There are two remedies available for you . First, file a suit under section 138 of negotiable and instrument Act for check bounce against that person. And second, you can file a suit in consumer forum for recovery of amount and damages caused.
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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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