Case of continuous cheque bounce.

My self is working is residing in Vienna (Austria) My relative gave me a cheque but it bounced because of insufficient funds. This is not the first incidence, he always makes promises and provides a fresh cheque. But this i want to file a case against him. In this regard I have already sended him a notice. Unfortunately 30 days period is about to finish and i am not getting holidays from my work. Could you please suggest if i have some option left to get my money back ? if 30 days time limit is over to file the case. can i resubmit the cheque to my bank, and send him a notice again to raise new cause to file case. Same time, may i also request to provide me a format of power of attorney as i wish to get a power of attorney on my mothers name from the Vienna court and get it counter signed by Indian consulate. Please confirm if its legally valid and accepted. I am afraid if i can get my money back or not.

Answers (1)

205 votes
You have another chance to re do the process. File the bounced cheque again since Banks allow two presentations only. If the cheque is dishonored, start the whole process of filing case u/s138 of N.I.Act for which the first step is to send him a notice. In case you can not file case u/s138 of N.I.Act, you still have the scope of filing Money Suit claiming your money with interest, damage & cost. Engage a lawyer in India who will mail you the POA in favor of your mother to contest the case for you.

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