Legal Question in Banking Law in India

Cheque Bounce

I am raising this question from Bangalore,Karnataka State, India. One of my friend has to give Rs.5,000 to me. He gave a cheque in September 2005, i went to bank twice and cheque bounced two times. From then onwards he is saying i will pay today/tomorrow like this it went, recently in June 2007 he gave another Account Payee cheque for Rs.5,000 i deposited in Bank twice, it bounced back two times.Now i came to conclusion that he is not going to pay money. Please suggest where i need to put a complaint in Bangalore on this person. Please provide me the various ways in which how can i put him in trouble and get my money back. I will be highly thankful to you.


Asked on 7/12/07, 1:32 am

3 Answers from Attorneys
kavitha balakrishnan kpp associates

Re: Cheque Bounce

dishonour of cheque - legal notice has to be issued within 15 days of dishonour and 30 day a complaint u/sec.138!

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Answered on 7/13/07, 12:49 am
J. Radhakrishnan independent Practice

Re: Cheque Bounce

If one month had not elapsed from thedate of receipt of intimation of the bouncing of the cheque in Bangalore, immediately issue a notice by RPAD to the drawer demanding him to pay the cheque amount with interest within 15 days of the receipt of the notice. If he does not pay within the aforesaid time, you can file a complaint within one month under Sec.138 of the Negotiable Instruments Act in a metropolitan Magistrate Court. Better consult a local lawyer and proceed immediately

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Answered on 7/12/07, 6:28 am
G. M. Gupta gmguptaandassociates

Re: Cheque Bounce

for most trouble file case under NIA.

you have to first give notice to him and then file the case TAKE CARE OF ALL TECHNICALITIES OF THE CASE.

u can file civil case also for interest on this amount

if u are having that earlier cheque then file civil case for recovery under order 37 cpc with that cheque

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Answered on 7/12/07, 11:50 am


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