Legal Question in Banking Law in India

Bounce cheque

I got a post dated cheque of Rs. 4000 from my house owner as a part of advanced paid by me. I deposited the cheque on the due date and it got bounced due to in sufficient fund yesterday. When I asked the same to the person, He treated me in a bad manner.Seems that his intension is not to give me money now and i need it immediately. Could you please help me how to file a case against him and what are the prerequisites for the same....Thanks in advance. Rashmi


Asked on 3/23/07, 12:50 am

2 Answers from Attorneys

Re: Bounce cheque

Take immediate consultation of a lawyer and get issued notice to him demanding the cheque ammount and if he fails to comply then file complaint u/s 138 Negotiable Instrument Act.You can also file a suit for recovery of cheque amount alng with interest.

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Answered on 3/23/07, 1:06 pm
G. M. Gupta gmguptaandassociates

Re: Bounce cheque

rashmi

first you have to deposit cheque withing its validity of 6 months then when it gets bounced, give the notice to make payment within 30 days of recipt of the memo of the bank

then if the payment is not made within 15 days of RECEIPT of notice then you can file the complaint within 1 month AFTER 15 DAYS OF RECEIPT OF NOTICE.

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Answered on 3/28/07, 10:08 am


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