How to recover payment if I have blank undated cheques from a party


I supply wholesale cloth and a party in Kolkatta has not paid my dues.

I have undated cheques in lieu of the dues and all the other bills and receipts. What should I do to get the payment as the party is refusing to pay.

What will happen if i present the cheque and it bounces?

Answer


Your query is silent on whether you have signed cheque?

Incase yes, then you should write the date on the cheque and then present the cheque in the bank.

Once the cheque is bounced  then you can send a legal notice to the party thereby demanding the cheque amount within 15 days from the receipt of the notice.

Incase they fail to make the payment, then you can file a criminal complaint  under Section 138 of Negotiable Act. It is also imperative to place on record that you will have to file criminal compliant with 45 days from the date of the notice.

Further, you can file summary suit under Order 37 Rule 1 thereby demanding the suit amount alongwith interest @18%. You can file summary suit within a period of 3 years from the date of the cheque.
 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Recovery Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 Recovery Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Legal Notice for Recovery of Dues

4.5 | 394 ratings
30 Min Intro call + Start to finish help
15 Minutes Recovery Advice Session by Phone

4.8 | 457 ratings
Legal advice and answers from a local experienced advocate about your Recovery of Dues issue
Similar questions

Property auctioned by bank . Now what is the procedure to recovery the property or get the property back?…

Read More

I m a self employed , supplying Printing n Corporate Gifts articles working from home under 2 names . I supplied goods worth Rs.2,27,800/ to a SRD Bu…

Read More

stopped.my business I 1year new and I am not able to find bank loan. Business has stopped. Life has become hard. No cash. I don't own any property…

Read More

I had given a loan of 1.25 crores to my brother in law. I gave him money through cheques. For two years he did not return money neither paid any inter…

Read More

Talk to a lawyer for your legal issue