Legal Question in Banking Law in India

Action against cheque bounce

Hi,

An agent from ICICI home finance issued me a cheque for Rs 8000 post dated to Jan end 2006. I was in UK during that time. When my father submitted the cheque the cheque bounced due to insufficient money in the account. I returned back from UK only in Dec 2006.

The Agent now is in no mood to return the money. Can I file a case against him. As per law - I just read that I should have filed the case with in 6 months and should have sent him a notice with in 1 month.

Pls advice a practical solution


Asked on 2/26/07, 5:13 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Action against cheque bounce

Dear Gentleman:

For taking a criminal action against the drawer of the cheque for his punishment one has to issue a notice within one month giving the drawer time of 15 days to make the payment and if payment not received, then the criminal complaint has to be filed within 30 days thereafter. Your cause of action to file the criminal complaint has become time barred. But, you certainly can file a civil claim for recovery of the amount for which the limitation period is three years. The only difference is, that, here you have to pay court fee upfront for filing the civil claim.

For any further question please write

Bhushan Arya

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Answered on 2/26/07, 9:58 am

Re: Action against cheque bounce

Donot get disharted. Take consultation of a lawyer. In your case you can file a suit u/order 37 CPC which is summary suit and the limitation to file suit is three years so you have time till 2009.So you issue a legal notice through a lawyer and thereafter proceed.

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Answered on 2/26/07, 2:32 pm
G. M. Gupta gmguptaandassociates

Re: Action against cheque bounce

please be comfortable

you still have options in order 37 CPC. other options can be viewd on consultation.

you can contact me

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Answered on 3/01/07, 9:30 am


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