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.


Asked on 11/20/07, 11:01 pm

7 Answers from Attorneys

Vijay Chandavale Advocate Vijay Chandavale & Associates

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

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Answered on 1/07/08, 9:17 am
muhamed mustaque mk associates

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.

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Answered on 11/20/07, 11:16 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

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

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Answered on 11/21/07, 12:02 am
Homi Maratha N.N. Maratha & Co.-Advocates

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.

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Answered on 11/21/07, 12:14 am
G. M. Gupta gmguptaandassociates

Re: Against cheque bounce

you file criminal as well as civil case against them. cheque bounce cases are quite successful too

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Answered on 11/22/07, 12:44 pm

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.

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Answered on 11/21/07, 1:06 pm
Amit Shukla AS and Associates Legal Services

Re: Against cheque bounce

Pls contact a contact a lawyer first and serve a notice to company regarding this.

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Answered on 12/04/07, 8:44 am


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