Legal Question in Banking Law in India

Cheque Bounce

A year b4 due to some financial problm i made a stop payment for a cheque which got bounced few days later. i gave the dealer the balance sum amount later after he sent me a legal notice. When asked to return my bounced chq, the dealer excused himself with that of losing it, which i idioticly believed him. Now after a year he again made me a call demanding the same amt again failing to do which he threatened me to prosecute me legally. I dont have any proof that i have handed him the sum of money a year back, and neither do i have my bounced chq., the only thing i have is the advocate notice that he sent me a year back.

So , sir, what what options do i have now. I am tensed and dont know whom to approach. Kindly suggest me further.

TRahnk You


Asked on 12/26/08, 7:44 am

6 Answers from Attorneys
Sumit Mehta S 'n' S Law Offices

Re: Cheque Bounce

Sir,

In case of a cheque bounce matter you will need to show as into how have you made the payment of the said instrument.

Secondly, the same can be quashed by the High Court under 482.

Further, it is adviced to send across the copy of the notice so that a proper detailed description of the matter is understood.

Then there are other ground also on which you can escape from the purview of 138.

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Answered on 12/26/08, 9:02 am
J. Radhakrishnan independent Practice

Re: Cheque Bounce

Better consult a local advocate and issue notice setting out your payment and asking him to return the cheques he has received from you. In any case no action can be taken under Sec.138 N.I.Act if the holder of the cheque has not filed the complaint within one month after 15 days of the receipt of the notice by you

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Answered on 12/29/08, 10:15 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheque Bounce

Hello.

There is no need to worry at this stage. As far he wont be going for the proceedings u/s 138 of the NI Act.

I would advise you to send me the details of the notice.

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Answered on 12/26/08, 12:08 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque Bounce

you need not worry as the limitation for filing case is already over.

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Answered on 12/29/08, 10:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheque Bounce

You may need to prove that you paid the money after receipt of first notice from the advocate.

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Answered on 12/27/08, 9:34 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: Cheque Bounce

Please give me the details by which you paid the amount.1) Now you may send an advocate notice by saying the same.2) Probably the time limit of this case is already over.

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Answered on 12/28/08, 1:22 pm


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