Legal Question in Criminal Law in India

Fraud

Manoj Bihari took a loan of Rs 20000 by cash and I do not have any proof about it. But he gave me check of Rs 20000 to repay my loan. The check bounced. How do I proceed legally? Please advice.


Asked on 7/15/04, 9:09 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

Re: Fraud

you have to send him a notice within 30 days of receipt of the information about dishonour demanding payment of the cheque amount of 20000/=. If MB makes payment within 15days of receipt of your notice otherwise you will have to file a criminal complaint u/s 138 Negotiable Inst. Act. You do not have to prove that you lent him the money.

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Answered on 7/15/04, 3:18 pm
D. M. Bhalla D.M LAW CHAMBER

Re: Fraud

First of all, please let me know whether the cheque is still alive. I mean to say that whether six monhts have passed by from the date of the cheque. If the cheque is still alive, then you have two remedies for it. firstly, you can file a criminal case against the person by issuing him a notice for the payment of cheque within 30 days from the intimation from the bank for its bouncingt and secondly you can file a Civil case, which would be summary in nature. In this civil case the time consumed is lesser than that from the other civil cases. For further clarifications and discussion, you can call me on my mobile- 9811062868 or mail me at [email protected].

D.M. Bhalla, Advocate.

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Answered on 7/16/04, 6:22 am


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