Legal Question in Banking Law in India

cheque bounce

Sir, We are a prop. firm in dekhi ,one of our temprary staff has left the company.now he is neither coming nor picking up the phone. He is having co. property like scooter,mobile,tool kit etc.

Also co. has given him some advance og Rs. 13000.00 out of which he has given a security as cheque of Rs. 8500.00 of fhis account.Now the cheque got bounced due to insufficient funds.

Please advice how to recover the things.If we have to send legal notice it should be through advocate or we our self can send on plane paper by registry.We have the cheqe bounce his statement on stamp paper that he has taken loan.As well as declaration that he will return co. property whtever is with him.


Asked on 7/05/08, 2:03 am

2 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: cheque bounce

If thirty days from the date of receipt of intimation of the bouncing of cheque have not expired and there is still some days left as of now, you can yourself issue a notice by registered post acknowledgment due directing him to pay the cheque amount within 15 days of the receipt of the notice or deemed date of receipt of notice, failing which he would be prosecuted under Sec.138 of the N.I.Act. You should also issue another notice demanding him to return the company's properties within a time mentioned in the notice. If for the first notice, there is no proper response, you can file a complaint in the local I class Magistrate court against him under Sec.138 of the N.I.Act. Independently you can file a suit against him for the total amount due from him as also for return of the company's articles. Intimate the mobile company to stop servicing the mobile,he is illegally having.

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Answered on 7/05/08, 9:39 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: cheque bounce

i will recommend that you sent a notice thru local advocate and file a case u/s 138 NI act

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Answered on 7/17/08, 4:07 am


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