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Non payment of Royalty and cheque bounce by Publications
02-Nov-2023 (In Recovery Law)
I am an author of two books published by Publications in the year 2011 and 2012. They have been harassing me since beginning by not paying royalty on time. I signed the contract in year 2011 and I've been getting royalty based on 15% of MRP for each copy sold. But every year the royalty gets delayed by more than one year....This year they paid the royalty in the cheque that got bounced...and no action was taken.....I want them to give me royalty of year 2015-2016..the cheque of which got bounced...and the royalty of 2016-2017 which should have been given to me by 1st May 2017 as per contract (within a month of the end of financial year). The publishers gave no reply to the notice served after the cheque bounced. i couldn't take up the matter further because of my exams. More than three months have passed since the notice was served.
First and foremost you need to be very vigilant about your legal rights , it looks you already missed criminal remedy against cheque bounce . Now you need to get your documents reviewed to chalk out appropriate strategy and implement it without fail.
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Now still you have option to file case against him and that case is civil in nature for recovery of money along with interest but for that case you need to pay court freed as prescribed in law but after winning the you also get that amount
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Adv. Shashi Bhushan Jha
Delhi | 100+ Answers
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You have both civil and criminal remedies available at your disposal. While appropriate advise would be rendered upon examination of the documents pertaining to the matter, it is advised that a legal notice for recovery of money be sent first and then a suit for recovery be filed.
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Adv. Shohit Chaudhry
Delhi | 25+ Answers
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you may file a recovery suit under order 37 of cpc along with a criminal complaint under section 138 of negotiable instrument act. not replying to legal notice in cheque bounce case is no bar to further proceedings , you may go ahead and file a complaint under section 138. please provide the date on which the cheque was returned along with return memo and the date on which the legal notice was sent.
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Adv. Diksha Singh Dhakre
Delhi | 25+ Answers
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We can file a civil and a criminal case against them. You are an educated man and this sort of injustice cannot be tolerated. You please give me the details of the publisher so that strict proceedings could be initiated against him/her.
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Adv. Aman Khullar
Delhi | 100+ Answers
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