Legal Question in Criminal Law in India
i had give rs 40000 to a man in cash against a self cheque now he isnot returning mymoney i had crossed the cheque and bounced in the bank now when i call him he tells me i dont have money and again u will call me i will launch a police complaint of mental harasment for money so what can i do can i file a case and get my money
2 Answers from Attorneys
Sir , if the cheque is bounced than you have to issue a legal notice under section 138 within a month from the date of intimation given to you by your Banker regarding the dishnonour and normally a memo stating the reasons for dishonour will be given along with the cheque, and hence you have to issue legal notice within one month giving 15 days time to pay the amount and if he fails to pay the amount within 15 days from the date of receipt of notice you can file a criminal complaint under section 138 of N.I Act and can recover the amount legally.
For recovery of money, file civil suit.
For criminal action, file criminal case.
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