Legal Question in Banking Law in India

Cheaque bounce

Dear LawGuru,

I have taken a loan of 1lakh from my credit card for the sake of my friend, he had given me cheque to clear the emi every month. Now he is not ready to pay the loan amount and few of his cheque has bounced on october 2008, nov 2008, feb 09(2 cheques). kindly let me know what to do in this situation. Can i file a case against him for cheque bounce. I have few more of his cheque which he has requested not to drop to bank for clearing


Asked on 3/29/09, 2:22 pm

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheaque bounce

redeposit the same and get a new cause of action and then file S138 Ni act case.

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Answered on 3/30/09, 10:27 am
Pranav Desai PD Legal & Associates

Re: Cheaque bounce

Yes, you can file a complaint under section 138 of the negotiable instrument act.

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Answered on 3/30/09, 1:19 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheaque bounce

You may deposit the remaining cheques also may consider taking appropriate proceedings resuling from cheque bouncing - criminal prosecution under section 138 of Negotiable Instruments Act.

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Answered on 3/29/09, 4:09 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheaque bounce

You may contact a local lawyer at the earliest.

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Answered on 4/02/09, 6:33 am


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