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Received cheque from the partner which bounced what action can i take


24-Dec-2023 (In Recovery Law)
Around 5 years ago Through a familiar friend brother I was introduced to Fruit Commission Agent APMC Vashi Navi Mumbai.This agent verbally agreed that a truck load usually needs Rs.1.5 to 2 lac which needs to be given that day itself to truckload owner / farmer daily. At end of day he promised to give daily Rs 1500/- after selling the fruit sold same day. Initially he gave me money as promised and I was also assisting him at his place of business.Then found he was not able to pay money to truck unloaded due to mis management so I gave amount to extent of 5 Lacs. Now since last many years he stopped giving me any money . About 2 years back he gave a cheque which bounced
Answers (3)

Answer #1
837 votes
Dear troubled lender, I would like to know whether you have any receipts or any other form of documentation to evidence the deal between yourself and the said fruit dealer. This could even be through e-mails and text messages. I would also know whether the cheques issued by him was post dated or not and when did it bounce. If the cheques has bounced within its period of validity i.e. Within 3 months from the date of issue; only then you can prosecute him for dishonour of cheque.. Otherwise you can prosecute him through a civil suit for recovery or for a criminal case of cheating, as you may desire. Regards, Adv. Narjis R. Syed
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Answer #2
679 votes
Usually lawyers suggest filing complaint under section 138 of N.I.Act for cheque bounce. You have not specified if the cheque given to you was Post Dated Cheque or otherwise. Presuming it was blank cheque without date and you filled the date later then following are consequences. As per 138 NI Act you have to send notice within 30 days of cheque bounce to the payer and then file complaint after 15 days of non repayment. There are civil remedies also where you can file summary suit in court against the non payment of amount due to you.
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Answer #3
902 votes
1. Firstly , You have to checkout that , The limitation of the said issued cheque is not subject to barred under the Limitation Act , 1963 . 2. Secondly , You have also need to checkout the said presumption of the said issued cheque which subject to bounced under The Negotiable Instruments Act , 1881 . 3. Thirdly , The duration of the bounced cheque is very important to file a Regular Civil Suit & also file Suit for Recovery & Damages as regards to Cheque Bounced dispute . In your case , The said duration is not barred as per your said query. Because, For recovery the limitation is 3 years in Civil Suit . 4. Fourthly , You send a proper notice with strong based story of recovery & damages claim in the said notice & also mentioned in the said notice of cheque bounced under Section 138 of The Negotiable Instrument Act , 1881 .
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