Legal Question in Criminal Law in India

cheque bounce
i hv deliverd some material to my party , i has issued a cheque of current date, but as per verbal tem & conditinon i sopsed to deposit after one month from the date of issued, same i hv deposit in banks after one month , but the cheque has been bounced, when i ask to party reagrding they again request me to represent the chequed for clearing, unfortunatly chequed againg bounced , i wnat to konw can i file a criminal case against him or not

Asked on 6/19/08, 5:18 am

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: cheque bounce

You may serve a legal demand notice with a stipulated period and then file a case.

Answered on 6/21/08, 12:56 am

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Shrichand Nahar S.V.Nahar, Advocate

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Re: cheque bounce

By following prescribed, you need to serve demand notice within prescribed period and then file case.

Answered on 6/20/08, 1:18 am

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: cheque bounce

You will have to sent a legal demand notice to the other party thru an advocate immediately and then you can file a case.

Answered on 6/22/08, 12:27 pm

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Bobby Aanand Metropolitan Jury

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Re: cheque bounce

After the date of the dishonour of cheque as per Memo, you have one month's time to send him a legal Notice, you will require to give him a period of 15 days to make your payment after the date of receipt of notice, in case he again makes the default in payment within 15 days, then with the expiry of 15 days' tenure, his offence gets complete as per section 138 of N.I Act. Then you can file the criminal case against him within 30 days after the expiry of 15 days. you can also claim the compensation and your lawyer's fees for sending notice.

Answered on 6/19/08, 5:38 am

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