cheque cheque

5 years ago

Hi, my name is Gangadhar i paid sum of rs 100000/- by cash to my village known person, for personal use purpose as security i take one sign cheque from him. but now he not return back the money iam asking several time no respond. can i fill the case aganist him what is process and fee of legal and etc
after filling the case that case favoring of me or what please suggest

Prabhakara S K Shetty

Responded 5 years ago

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A.deposit cheque in bank. once cheque is returned to you then send legal notice through lawyer but don`t use the words that the cheque was issued for security, the notice should state that he issued it instructing you to fill that date and promising that it would be honoured.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Hallo sir , kindly deposit cheque into bank.if cheque bounce or return with memo then you can file complaint of dishonour of cheque u/s 138 of negotiable instrument act within 30 from cheque bounce.send legal notice for 15 days money return limitation.if they denied then file complaint.kindly contact with our vidhikarya lawyers.
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Vidhi Samaadhaan Vidhi Samaadhaan

prasad

Responded 5 years ago

A.dear client first deposit cheque in bank. once cheque get bounced then send legal notice through lawyer within 30 days from cheque bounce date. if other party will not return yr money after receiving notice then file cheque bounce case under sec 138 of N I act. for any legal help call me

Adv Prasad Patil

Pune
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Deposits cheque into bank.if cheque get return with memo then issue legal notice and file NI Act case against him.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Yes, you can do that. There is time limits for issuing legal notice and filing 138 NI Act case.
You will definitely get the amount.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ramalingaiah Mulakatte

Responded 5 years ago

A.Deposit the cheque for encashment, and when it gets dishonoured, then issue statutory notice and file a criminal case under section 138 of the Negotiable Instruments Act, through a lawyer. This is penal action.
As regards civil recovery proceedings, you need to file a civil summary suit in Civil Court within the limitation period of 3 years from the date of the cheque.
Contact lawyer for assistance.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You just get it dishonored and file a case.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 5 years ago

A.First Issue a notice through a Lawyer on all aspects of the issue.Then take suitable action immediately.Under the Act it is for the holder of cheque in due course to act quickly, better to consult a lawyer to protect your interest on all aspects of the case quickly.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajeev RJ

Responded 5 years ago

A.You have to fill the cheque and present the same for encashment. If the cheque dishonours then you have file cheque bouncing case under Negotiable Instruments Act.

Regards

rajeev
RJ Associates
Trivandrum
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.Facts not clear. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. Can you confirm whether this signed cheque is a blank cheque or duly filled by the drawer specifying the amount, date of issue along with the payee's name. Was there any written agreement? Are there any witnesses? Is there any debt/liability for its discharge. A lot of aspects needs to be kept in mind before jumping to any conclusions. Please contact any lawyer from Vidhikarya for further assistance.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sushama

Responded 5 years ago

A.Hello
If he gave you a post dated cheque then you can present the said cheque in the bank, if such cheque will be bounced then you go through the procedure of negotiable instrument act and contact the lawyer
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 5 years ago

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A.You can present the cheque in the bank and if its gets bounced then you can follow the procedure to file a cheque bounce case against him. The lawyer's fee will depend upon the lawyer that you will hire to take up your case. So it is better to speak to a lawyer and find out all about the cost. If you are able to prove that he owed money to you then yes the judgement will be in your favour. There are two possibilities, 1. He will pay your money. 2 If he does not then he will have to go to jail.
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