Legal Question in Credit and Debt Law in India
Cheque Bouncing case
Hi.
A business colleague of mine has bounced the cheque which were given to me and has been absconding ever since. The cheque was for Rs 3.62 Lacs and dated 1st Feb..My lawyer insisted that section 138 would not get me anywhere so section 156 charge has been put on him. I have appeared in the court last month and after the order was passes the judge has asked for written statement which iam yet to submit.
My problem is i dont know whether my lawyer is right and he takes his own sweet time for everything. Its been 3 months since i paid him and now last month he did something about it.
The 3.63 lacs cheque validity is also over and i have one more cheque of 1 Kac dated 10 June ...should i bounce that cheque and send him a notice for section 138 along with 156..
I am in a quandry and would appreciate if anyone could help me out and please tell me whats the best possible available and is there any hope of any recovery...
1 Answer from Attorneys
Re: Cheque Bouncing case
In respect of the case,on the basis of your statement,it appears that you have been wrongly advised.Instead of 156,you should have initiated 138 proceeding.Since you have another cheque ,present it for clearance and after that initiate proceeding under 138.