Legal Question in Banking Law in India
Against cheque bounce
I Hava a bounce cheque of 75000 against a company. How i recovery my money. Can you please tell me right solution.
7 Answers from Attorneys
Re: Against cheque bounce
you have to issue notice to such defaulting company and demand the payment of cheque within a period of 15 days within 30 days of bouncing intimation. Further if such company pays your amount within such 15 days you can't file the case. If it doesnot pay you such amount you have go to Criminal Court within 30 days from such 15 days time is over and file case under 138 . Due to fear of punishment if such company pays you , you can recover the moneis under cheque. In such proceedings you can issue notice and file case agains all the directors who are day today responsible for conduct of business of such company
Re: Against cheque bounce
you will have to send a notice by registered post demanding money due under the cheque within 30 days of bouncing, if amount not paid file a crminal complaint under sec 138 of Negotiable instruments Act.
Re: Against cheque bounce
The cases of Chq bouncing (dishonour)is dealt u/s 138 to 142 of the Negotiable Instruments Act in India.
The procedure for recovery is as under
1) sent a notice preferably thru an advocate by registered post ad to the company giving 15 days notice.
2)if the company doesnot respond to the notice after the prescibed period of 15 days you can file a summary criminal case u/s 138 of n.i.act in the court of magistrate first class or metropolitan magistrate thru an advocate
In case of any further guidance pl feel free to mail or contact me
Re: Against cheque bounce
Hello.
Please contact a lawyer and serve the company with a legal notice u/s. 138 of the NI act.
Please contact with details for rest of the procedure.
Professional charges are applicable.
Re: Against cheque bounce
you file criminal as well as civil case against them. cheque bounce cases are quite successful too
Re: Against cheque bounce
File complaint case as provided u/s.138 NI Act and also file suit for recovery.In case of need contact with details.Professional charges are applicable.
Re: Against cheque bounce
Pls contact a contact a lawyer first and serve a notice to company regarding this.
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