Legal Question in Criminal Law in India

Cheque dishonour case clarification

Dear Sir,

I have been cheated with one of the person who gave me a over draft cheque of Rs.55,000/- and the same has been dishonoured due to insufficient fund on his bank account.I have sent a written notice through an advocate with in 8 days of the receipt from the bank.Now that person is not there on his address might be gone somewhere since he did the same for almost 10 people like me.At this situation what will be options to get my money and the steps to be followed.Please revert.


Asked on 7/07/08, 11:51 pm

6 Answers from Attorneys

Sumit Mehta S 'n' S Law Offices

Re: Cheque dishonour case clarification

Sir,

First of all kindly clarify some facts like

On what account did you received the cheque ?

Where does the Banker's Cheque is of ? (Location)

When was the notice Sent ?

After your reply only we will be able to suggest you any remedy.

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Answered on 7/08/08, 4:13 am
Bhaskaran D Bhaskar Associates

Re: Cheque dishonour case clarification

I suppose by `overdraft cheque' you mean Current Account cheque.

Now to lock in the Accused to get your money back you have to find his hiding address and serve summons on him.

Otherwise like many other cases your cheque bounce case too will get dismissed in the long run. Or the case is of no use to you.

This could be nothing else but writing off him from your memory once for all instead of wasting time and money.

If you do know other people who have been fooled too, then try joining hands with them and give a collective complaint with the local police and file a complaint before the court jointly.

But all may be futile in these days where moral values have gone down and because India is big for him to hide.

Maybe even if you get hold of him he may sing the song of bankrupt person.

Our place is full of like these type of cheaters. They do dare the public without repaying the money borrowed. So you too are one of the victim before these types of unscrupulous person.

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Answered on 7/08/08, 7:45 am

Re: Cheque dishonour case clarification

you have no option but to file complaint u/s.138 NI Act.

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Answered on 7/08/08, 2:03 pm

Re: Cheque dishonour case clarification

Trying filing a cheating case, along with the other duped guys, with police.

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Answered on 7/08/08, 2:21 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque dishonour case clarification

you can file a case u/s 420 IPC

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Answered on 7/17/08, 3:57 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque dishonour case clarification

Consider filing a case of cheating and other offences with police.

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Answered on 7/08/08, 2:20 am


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