Legal Question in Criminal Law in India
Cheque dishonar
my fathers Property sale was done A third person who mediated the deal got the Money and promised to give. But finally he gave us a cheque for the Entire amount 5 lakhs. Now when I try to present the cheque he calls me and request for wait for another week. After 3 months of waiting I presented the cheque to bank. and bank returned the cheque due to insufficient fund. Pls tell me what should I do next.
He is capable person running lot of industries and higly Poltical influent person. He told us he knows how to deal if we file a case. Kindly advise how to proceed. Pls help us.
Can we file the case in our home town.
thank you
8 Answers from Attorneys
Re: Cheque dishonar
hire a lawyer and serve a notice on the person and then file a case under negotiable instruments act
he will face criminal action and most probably u will get the amount very soon.
Re: Cheque dishonar
Go to a good competent lawyer, and immediately file cases against this so called powerful men. Do not be afraid at all. You have a good case on merits.
Go ahead.
Re: Cheque dishonar
you can drag him into litigation apart from 138 NI Act proceedings, civil as well as criminal both. i repeat apart from 138 NIAct.
Re: Cheque dishonar
If you have faith in Judiciary then you can proceed with the case. First of all consult an advocate. As far as my knowledge goes in a genuine cheque bounce case percentange of success is close to 100.
Re: Cheque dishonar
Dear Gentlemen:
What documentation did you do to close the sale of the property? Does that show that the consideration has to be paid by the third man whose cheque has been bounced. What was the liability of this man to write you the cheque. These are questions which are unanswered in your facts.
Bhushan Arya
Re: Cheque dishonar
i presume that 30days have not elapsed since the return of the cheque. The person who got the money promising to pay you is indebted to you and has issued the cheque in discharge of the said debt. If 30 days have not passed off and if there is still time within the said 30 days, immediately issue a notice by registered post acknowledgment due, asking him to pay the amount of the cheque.If he does not pay, file a complaint under Sec.138 of the N.I.Act in the Magistrate Court within whose jurisdiction, the cheque has been returned within a month from 15 days of the receipt of the notice by him. Do not worry about the offender's political influence. If you buggle under fear psychosis, this is not the place to seek answer.
Re: Cheque dishonar
contact local lawyer.Give demand notice
u/s 138 of negotiable instrument act.File complaint case in court,after receiving your notice,and not paid the cheque amount.criminal trial will begin,and he will punished.court will direct for payment of double ammount alongwith imprisonment.No political influence will help him.
Re: Cheque dishonar
You may file complaint u/s.138 Negotiable Instrument Act for dishonour of cheque and can also file suit for recovery and interest thereon. You can also lodge police complaint for cheating and criminal intimidation.Consult an Advocate.
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