Legal Question in Criminal Law in India

Question regarding cheque bounce

Sir, I have given Rs 60 lacs to a builder for investment, I got this money by selling my land which was on my mother' s name. He gave me post dated cheque of 75 lacs after 6 months of recieving money. That cheque got bounced last week due to insufficient funds. I talked to him and he refuses to give my money back. Suggest me that what should i do? Also tell me about the court fees for both criminal and civil case. What punishment he may get and how can my money got recovered?


Asked on 6/18/09, 6:58 am

5 Answers from Attorneys
Lawbird in Delhi Taneja Law Office

Re: Question regarding cheque bounce

Initiate 138 proceedings and a file a money suit simultaneously. Contact personally if further help required.

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Answered on 6/18/09, 8:31 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Question regarding cheque bounce

you should file a case u/s 138 NI act against him but firstly send a legal notice with in 30 days from the issuance of Memo by the bank. then after waiting fro 15days, with in next 30 you can file a complaint against him

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Answered on 6/18/09, 10:22 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Question regarding cheque bounce

(1) You may initiate proceedings under section 138 of Negotiable Instruments Act, after giving him a notice of demand as per law;

(2) You may also SIMULTANEOUSLY file a SUIT FOR RECOVERY.

for estimate of costs/expenses, you may contact a lawyer in your area.

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Answered on 6/18/09, 1:12 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Question regarding cheque bounce

For recovery of money, file civil suit.

For punishment of offence of cheque bouncing, file criminal case.

Court fees are different in different states. Check court fees applicable to your case from your lawyer.

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Answered on 6/19/09, 12:33 am
Pranav Desai PD Legal & Associates

Re: Question regarding cheque bounce

You can file summary suit for recovery of money and cheque bounce case against the builder. The court fee will depend on the state in which you live and would file your case. Hence, we suggest you to consult a local lawyer for court fee or get a book of Court Fee Act of your concerned state and find the same.

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Answered on 6/19/09, 1:37 am


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