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How can I file Cheque Bounce Case Filing without original Cheques?
27-Jun-2023 (In Criminal Law)
Dear Sir My client had issued two cheques(total amount Rs. 97000) to me for my services. I presented those cheques on 15th April 2017 and they got bounced. I again presented them on 28th April 2017 but they again got bounced due to insufficient funds. Now once the cheque is bouned, my bank(ICICI Bank) sends those cheques via courier to my home. I received those cheques but after that they got misplaced from my house. Now I want to file a cheque bounce case against my client. Is it possible?
Yes first of all ask a certified copy of cheque and bank advice letter in which they will mention the reason for cheque bounce & relevant details from your bank. Because bank always have scanned copy of the cheque. Then we can file a complaint against your client.
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Adv. Laksheyender Kumar
Delhi | 100+ Answers
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Hello, Through 138 NI act, we need that cheque as an evidence, incase if not then bank statement and with memo, Cheque no, date and bank. According to police station we have to file matter under the jurisdiction of the court. Before filing we need to serve a notice and after 45 days we can file this matter.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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if you have details of cheques and bank returning memo then you can only send demand notice under the provisions of 138 NI act but you cannot file case because original cheques and memo must be shown at the time of filing of case which is not possible as you said
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Adv. Sanyam Jain
Delhi | 25+ Answers
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Hello sir/madam
You can file case againt this if you have all the details. But yes cheque will be the major issue at the time of the evidence as this is the most important evidence which leads the case . If on behalf of the returning memo which bank must have given . You can file the case with proper detail and evidence which are necessary in filing the case.
We can discuss more on this and you can visit my office for the same by taking prior appointment.
You can file case againt this if you have all the details. But yes cheque will be the major issue at the time of the evidence as this is the most important evidence which leads the case . If on behalf of the returning memo which bank must have given . You can file the case with proper detail and evidence which are necessary in filing the case.
We can discuss more on this and you can visit my office for the same by taking prior appointment.
Helpful?
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Dear Querist,
To the limited facts in query the following suggestions are given.
1. Lodge a complaint in police station for the lost of cheques.
2. mention the cheque details in the complaint.
3. issue demand notice to the person who issued the cheque.
4. kindly confirm whether do you have the copies of the cheque?
To the limited facts in query the following suggestions are given.
1. Lodge a complaint in police station for the lost of cheques.
2. mention the cheque details in the complaint.
3. issue demand notice to the person who issued the cheque.
4. kindly confirm whether do you have the copies of the cheque?
Helpful?
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Adv. PS Sridhar Raj
Delhi | 25+ Answers
CONTACT NOW
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