Legal Question in Banking Law in India
Good morning sir,
I received a cheque from my colleague where he has to Pay me some funds. on 12th of june 14, the person given cheque which is dated 09/09/2014. when I call him on 8th to say that I am droping. he told me to it drop on 11/09/2014. I dropped the cheque on 12/09/14 where the cheque is bounced due to signature mismatch. From then he switched off his mobile. And within this 3 months period the payee changed his mobile as I am contacting continuously. I came to know that he given the cheque signature mismatch intentionally. Provide me solution how to collect my payment.
3 Answers from Attorneys
14.09.2014
Dear Sir / Madam,
You should simply lodge a Police complaint for immediate recovery of your money.
issue first a notice by registered post acknowledgment due setting out the facts and demanding the drawer of the cheque to pay you the amount with interest at 18% p.a., within 15 days of the receipt of notice. If he fails to pay, file a complaint both under Sec.138 of N.I.Act as well as cheating at the I Class magistrate court within whose jurisdiction, he is residing, within one month from the date of expiry of the 15 days of the receipt of the notice by him.
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