Legal Question in Criminal Law in India

Cheque Bounce & Fraud

Sir,

I have given Rs.50000/- to a person on 12 month installment basis to pe paid @ Rs.5000/- P.M and at the end of Tenure refund of the total amount i.e., Rs.50000/- but the person didn't pay me any monthly installments and the cheques get bounced and even he has been absconding from his place. Please advice me what way to move the legal action and the police action also.

regards,

--name removed--verma


Asked on 6/08/07, 9:43 am

5 Answers from Attorneys

Re: Cheque Bounce & Fraud

You may file complaint case u/s.138 Negotiable Instrument Act for cheque bounsing and can also file Recovery suit.Consult an advocate of your area.For any other query / assistance you may call on my mobile.

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Answered on 6/08/07, 11:45 am
G. M. Gupta gmguptaandassociates

Re: Cheque Bounce & Fraud

file a case under 138 NIA after completing the formalities. but as it would not serve any purpose if the accused is not found so do register an FIR immediately for cheating and fraud. if POLICE dont register it then move 156 (3) in courts.

for details contact me with papers, consulation charges will apply.

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Answered on 6/13/07, 3:01 pm
pgshyamsunder rao shyam­am

Re: Cheque Bounce & Fraud

Initiate action by issuing anotice under s138 ofNI ACT and there after take steps for prosecution asthe dishonour of a cheque is an offence NIACT.You can also take steps for filingacivil suit for recovery of money.police compliant can be lodged for tracing the absconding person

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Answered on 6/09/07, 1:55 am
Vivek Mapara Mapara Law Firm

Re: Cheque Bounce & Fraud

Obvious action for NI S.138 is invited, and u can also register case of cheating and fraud.

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Answered on 6/09/07, 1:56 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque Bounce & Fraud

You may consider police action. For proceedings u/s.138 NI, most of the cheques would be time barred now as also service of statutory demand notice now seems difficult.

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Answered on 6/09/07, 2:26 am


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