Legal Question in Banking Law in India
Cheque bounced.
I gave Rs 4500.00 to a former colleague because he was in need of urgent money. After waiting for 2 months when I inquired, he gave me a cheque that bounced. He just resigned from the job and when I informed him the check bounced, he said 'Dont worry'', ''Tension mat lo'' It is evident that he doesn't want to make payment. The person bought a honda city car in these two months and will go to USA shortly. He is not in financial crisis.
I know the amount is very small to go for a legal procedure. But I feel grossly cheated and I want to take legal steps against him.
The check was bounced on 15th June 2009, Wednesday. How do I proceed with this? I am in Ahmedabad and the person is also in Ahmedabad.
6 minutes ago - 4 days left to answer.
5 Answers from Attorneys
Re: Cheque bounced.
You may file a case against sec.138 under NIA.
Re: Cheque bounced.
You can file a cheque bounce case. However, prior to filing the case in the court you have to give him a notice providing 15 days time for making the payment. Hence, it is likely that by the notice he may pay you the money.
Re: Cheque bounced.
Immediately issue a notice by registered post acknowledgment due and also by certificate of posting to your renegade friend demanding him to pay the cheque amount with interest at 18%p.a. within 15 days of the receipt of the notice. This should be done before 12th July. If he does not pay after receipt of notice, file a complaint in the Ahmedabad Metropolitan Magistrate court, within one month after the expiry of the 15 days of the receipt of notice by the drawer. These people will have to be dealt with legally. Never mind the expense. Seek the help of a local lawyer also
Re: Cheque bounced.
you should file a case u/s 138 NI act but first send him a legal notice though an advocate
Re: Cheque bounced.
You may serve a demand notice upon the cheque drawer, which may be followed by criminal proceedings, if money is not received.
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