Legal Question in Criminal Law in India

Fraud, non payment & cheque bounce

there is a business firm( in name of 2 brothers) near DADRI- noida, who also have a property firm in Greater Noida ( same partners). they have taken money from us for a plot booking in greater noida sector alfa-1 (cheque- apporx Rs. 5 lacs in parts) drown to their DADRI firm & collected the required document from us. but later we came to know that they have applied in some other's name & kept us in dark. when even after 1 year they didn't provide relevant property papers, we demanded our money back. they assured maney back with interest. but since then ( past 3 years and more) they are not giving money back. after so many visits they have given a cheque of half the amount, which we couldn't encash because there was no fund in their account. when we approched them with this cheque, they given another cheque of different firm and asked to deposit. same again - account was not having fund, so we got a letter from the bank( where we deposited the issued cheque) which confirms the insufficient fund in cheque issuing party account ( in another word- cheque bounce, hope so). now it seems these guys are not in mood to pay the money.it's fraud & criminal offence.

What actions we can take? how long the legal process will stretch? pls guide


Asked on 4/24/09, 12:27 am

4 Answers from Attorneys
Bala Gatla Not Applicable

Re: Fraud, non payment & cheque bounce

You can initiate civil, criminal and also a case under section 138 of NI Act.

It depends upon your advcoate, court and matters pending before the respective court. But, with the help of your day to day pursuance it would be concluded in a two year time.

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Answered on 4/24/09, 12:52 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Fraud, non payment & cheque bounce

You appears to have lost limitation for both civil as well as 138 NI case.

Get assessed all the facts and circumstances and other material from a good lawyer to find out whether any other action is possible.

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Answered on 4/24/09, 12:56 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Fraud, non payment & cheque bounce

(1) If it is within limitation, you may consider first serving a demand notice;

(2) if you do not receive payment in response to demand notice, you may initiate criminal proceedings u/s 138 of N.I.Act. and 420 IPC.

(3) Simultaneously, you may also file a civil suit for recovery invoking "summary procedure" under Order 37 of C.P.C.

The process should not take longer depending upon different factors including efficiency of your lawyer.

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Answered on 4/24/09, 3:09 am
Pranav Desai PD Legal & Associates

Re: Fraud, non payment & cheque bounce

You can file a compliant for cheque bounce and also a separate complaint for cheating before the competent court. I suggest you to file two separate complaints because cheque bounce case can be resolved faster as compared to other cases in India.

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Answered on 4/25/09, 7:30 am


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