Legal Question in Criminal Law in India

cheque bounce

Dear sir,

I have issued a cheque to the seller as surety on behalf of the purchaser.Before the purcharser could pay the amount,the seller has pledged the cheque in the bank,which has bounced as ''insufficient funds''.Now the purchaser has paid the amount and the seller has given the cheque back to me.In future is there any scope for the purcharser to take legal action against me.What all precautions should i take.


Asked on 1/10/05, 1:23 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: cheque bounce

Provisions of section 138 NI attracted only upon return of cheque followed by a Notice of Demand in writing within one month, demanding payment of cheque within 15 days from receipt of Notice. Since you did not specify whether a Notice of Demand has been served on you or not as also whether writing of full & final satisfaction having been obtained, it will be difficult to opion.

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Answered on 1/13/05, 7:18 am
Rajasekar K.S

Re: cheque bounce

Since the cheque is returned to you there cannot be any action taken in future on that transaction?

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Answered on 1/12/05, 5:07 am
Vivek Mapara Mapara Law Firm

Re: cheque bounce

Sir,

Since the cheque has been returned to you, there arises no risk and your on the safer side.

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Answered on 1/12/05, 1:15 pm


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