Legal Question in Banking Law in India

Cheque Bounced

A cheque that I had recvd from a property developer for Rs.51000 has bounced. The chq dated was 21st April and on his request i deposited the chq on 21st May but it got bounced. What legal action can I take against him. I am in Mumbai and need a support from a lawyer on the issue as I am sure if i deposit the cheque again, it willbounce 2nd time for sure.


Asked on 5/30/07, 9:11 am

5 Answers from Attorneys

Sachin Sangare Private Practise

Re: Cheque Bounced

First of all i presume that the cheque received by you was for legeally enforceable debt or any other liability.

Now the first thing is to go to your trusted advocate for issuing a notice u/s 138 of the Negotiable Instrument Act 1881 to the Property Developer.

If within 15 days after the receipt of the notice by the Property Developer you do not receive the full payment, than in that case file a criminal complaint u/s 138 of the NI Act 1881 in the area of appropriate jurisdiction.

You may also file a Summary Suit for the Recvery of amount from the Property Developer.

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Answered on 5/30/07, 9:38 am
rajeshwar sharma rajeshwarnathsharma

Re: Cheque Bounced

You may send the legal notice through advocate intimating the party regarding bounce of cheque and as a result he has committed an offence under sec 138 of the Neg. Act and also thereby calling him to pay the amount of cheque with interst and any other loss if any you have sustained on account of bounce cheque within 30 days and in case of non compliance criminal complaint under sec'138 of the Neg. Acy for the prosecution and punishment will be filed. For furhter query counselt the lawyer

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Answered on 5/30/07, 10:56 am
G. M. Gupta gmguptaandassociates

Re: Cheque Bounced

file case against him after sending notice. consult immediately on

09891445855

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Answered on 5/30/07, 1:49 pm
Vishwa Arya Arya & Co.

Re: Cheque Bounced

You have two remedies. One Criminal - for which you need to issue him a legal notice within one month of the information of dishonour. Notice may be issued by you where in you need to inform him about the dishonour of cheque and asking him to pay the amount of cheque within 15days of receiving your notice. If he does not pay then you may file criminal complaint before magistrate for getting him punished and for your compensation.

2nd is Civil : File a civil suit for recovery of amount by paying court fee.

Vishwa Arya

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Answered on 5/30/07, 2:41 pm

Re: Cheque Bounced

Consult a lawyer and get issued him a legal notice to developer and then file a case U/s.138 N.I.Act.

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Answered on 5/30/07, 3:09 pm


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