Legal Question in Criminal Law in India
cheque bounce
Mr.X in the capacity of a director of a company gave me cheque for Rs 12,300 on oriental commerce bank Nagpur on 25/09/2006. Since I am a resident of Hyderabad, I deposited the cheque in my SBI Hyderabad for collection. I received a call from my bank to tell me that the particular cheque was returned unpaid by OBC due to the reason exceeds arrangement. The letter was dated 6/10/2006. and my banker received it on 12/10/2006. My banker returned the letter and and the cheque to me. I tried to contact the party but in vain.On 13/10/2006 I Posted a registered letter with acknowledgement due explaining the situation. I sent the xerox copies of the cheque and the letter issued by OBC and requested him to send a DD for the same amount within 15 days from the date of receipt of the letter. The party received the letter on 19/10/2006 as per the acknowledgement date and so far neither he called me nor sent me the payment. In case I don't receive the payment by 04/11/2006, what are the options open for me to get the amount.
Thanking you,
--name removed---name removed--
2 Answers from Attorneys
Re: cheque bounce
dear sir,
did you demanded the cheque ammount in your letter and if that is so i advice you to file complaint u/s 138 Negotiable instrument act before magistrate and you have not demanded the cheque ammount in your letter then immediatly sent another letter demanding the cheque ammount.as per law notice to other party should be given within one month from the date of knowledge of dishonouring of cheque.you have a short time . consult a lawyer.
in case of any other query you can cal on 9873343288
thanks.
siddharth
Re: cheque bounce
The most effective way to obtain the money from the person would be to file a criminal case u/s 138 of the Negotiable Instruments ACT
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