- This topic has 20 replies, 6 voices, and was last updated 1 year, 4 months ago by
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SI have sent goods worth 26k to a man in 2023 he gave me cheque which bounced again I went to collect and it also bounced , then again and now I m fed up I tried calling him multiple times but he blocked me, then I went to seek help of advocate who asked 8k to settle this upfront I gave that to him but mofo isn’t acting at all sent just 2 notice and is now asking 15k for police complaint I said to him it’s ridiculous, cheque has expired now and I m exhausted mentally, if law is a joke can I go and beat that vendor till satisfaction or what should I do it has been year, today I have came to his city to confront him
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BAdvocate here,
I don’t understand what kind of lawyer you consulted or what arrangement you had with him that led you to give him 8K.
The procedure for filing a cheque bounce case is quite straightforward. You must send a legal notice within 30 days from the date of dishonor, giving the drawer 15 days to make the payment. If they fail to do so, you must file private complaint before the appropriate court within the next 30 days and not police station.
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BYou can no longer file a complaint for cheque bounce, as it must be done within the prescribed time frame. Now you still have the option to file a civil suit for the recovery of money. Yes, you can appear as a party in person if you understand the law and legal procedures.
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SI can get another fresh cheque as party doesn’t have problem with that, will I be able to get my 26k plus interest plus penalty if cheque bounce this time or what will happen in court ?
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UI am going through somewhat like same situation I have 2 (1lac & 65k) cheques but they are 150 days old i never bounced those hoping he will return the amount in part payment as he had already paid me 91k but its now 3 months he is not paying me a dime from last 60 days he stopped receiving my call and replying my text what legal course i can take?
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BYou cannot deposit those cheques, as they are valid only for three months from the date of issue. Your next step is to send a legal notice through an advocate. If he still fails to repay, you will need to file a summary suit for recovery of the money.
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UOP can still file a complaint with delay condonation application, if demand notice was sent within time.
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IGet a fresh cheque and deposit it. When that fails to clear:
1. Within 30 days of dishonour, send a legal notice requesting payment within a minimum of 15 days.
2. If that fails, file a case u/ S138 N.I. Act.
3. On the first or second hearing, file a prayer for interim compensation u/ S143A, citing financial hardship-
SSo I just send legal notice which he will not receive,
How to file a case I just go to high court and is there a reception or something , do I need a lawyer-
IYou must have sent it via Indian Post, right?
If the address is correct, it could still be deemed serviced, and you could file u/ S138.Yes, you need a lawyer. Did you not use an advocate for the legal notice?
In S138, the legal notice is a fundamental step. It is not wise to cheap out on this, otherwise, it could get costly later.
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UI am going through somewhat like same situation I have two (1lac & 65k) cheques but they are 150 days old i never bounced those hoping he will return the amount in part payment as he had already paid me 91k but its now 3 months he is not paying me a dime from last 60 days he stopped receiving my call and replying my text what legal course i can take?
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