Legal Question in Consumer Law in India

Bounce Cheque

Hi, Out of my appartment

cancellation. My builder has gave

me 2 Post dated cheques. Rs.10L &

Rs30L. Out of which the Rs 10L

Cheque has bounce for insufficinat

funds. The builder is been draging

his feet. Its already 3 months from

the cheque has bounced & the

second cheque is getting expiring.

What is the time limit to file case for

Bounce cheque & what should be

the next step. Please advise.

thanks


Asked on 5/10/09, 3:50 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Bounce Cheque

the notice for the payment of bounced cheque needs to be issued within a month for taking an action in negotiable instruments act. you need to redeposit the cheque of 10L along with the cheque of 30 L and then send the notice for both the cheques together or separately within one month of them bouncing. then after the receipt of notice, the complaint may be filed within 45 days.

Read more
Answered on 5/11/09, 1:06 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Bounce Cheque

limitation is strict in S138 case and therefore contact a local lawyer with details immediately

Read more
Answered on 5/11/09, 8:33 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Bounce Cheque

Your time limit for taking action under the Negotiable Instruments Act may have expired. You may consult a lawyer who may advise you after perusing your documents. A civil suit for recovery may be maintainable.

Read more
Answered on 5/10/09, 6:23 am
Mantosh Sarkar M.Sarkar & Associates

Re: Bounce Cheque

Before you opt for a prosecution process

you should give him an opportunity to pay

for the the defaulted cheques in writing giving

some fixed time,in default you may file a suit

under Negotiable instrument Act. Be sure

that the cheque was meant for refund of your

advance amount deposited for an apartment

Read more
Answered on 5/10/09, 7:04 am
Rajneesh Malhotra Malhotra Advocates

Re: Bounce Cheque

iT SEEMS AS IF YOU WANT TO LOSE ALL YOUR MONEY AND RECOVER NOTHING.

The builder is actually waiting for you to delay the matter so that the cheques become invalid and then he will not be under any criminal liability and you will be after him for years without getting anything.

The notice of cheque bounce has to be given within 30 days. If you have not done so...so to some good advocate TODAY itself. Or you are likely to lose all your money.

Read more
Answered on 5/10/09, 10:48 am


Related Questions & Answers

More Consumer Law questions and answers in India