Legal Question in Bankruptcy in India

fraud by a person

A person demanded a sum of money from me ,and assured that he would return the amount in a few days of time.and also in return handed me a cheque for the same amount. Its been more than a year now but he has not returned the same.Luckily the date was not mentioned on the cheque. Every time i go to the bank, i get a reply that the money is insufficient in the account.

Now what should i do.Will i get my money back legally , and if yes approx how much time will it take and what all legal procedures do i need to do.


Asked on 1/08/09, 4:45 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: fraud by a person

You may deposit the cheque in your account; The civil and criminal remedies available to you in law may be followed only if the cheque is bounced.

You may need to serve a notice of demand upon the drawer immediately after you receive information from the bank about bouncing of cheque; and after notice period you may file a criminal complaint under Section 138 of N.I.Act.

It may be better to engage a local counsel if the cheque is bounced.

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Answered on 1/08/09, 11:28 am


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