cheque
5 years ago
the property has disputed into 5parts the persons given registered cheque.the cheque has bounced can i get justice in this matter
Ramalingaiah Mulakatte
Responded 5 years ago
Firstly, issue a statutory demand notice to him (the drawer of the cheque) under section 138 of the Negotiable Instruments Act demanding/specifying the cheque amount "within 15 days" of receipt of the notice.
Failing any receipt of the cheque amount, you need to file criminal case under the same law in the Court of Magistrates Court for prosecution of the drawer for offence committed under the said Act.
Contact any local Advocate from this portal, for territorial jurisdiction etc.
File the complaint in Court within 30 days, after the expiry of the said "15 days" time granted in the statutory demand notice. This is for criminal prosecution.
Later on, within 3 years from the date of cheque, also file a civil summary suit for recovery of the amount. This is civil recovery proceedings.
Gopal Bansal
Responded 5 years ago
Yes, you can proceed further and file a cheque bounce case because the cheque was issued in discharge of a legally enforceable debt. In order to file a cheque bounce case, first of all, you have to send a legal notice to the defaulter through an advocate, in which you should clearly mention all the particulars of the bounced cheque, such as the date of issuance, the amount of cheque, the date of deposition of cheque in the bank, the date and reason of the dishonour alongwith all other relevant particulars and should ask the defaulter to make the payment within 15 days of his receiving the notice. The notice should be sent within 30 days of receiving the cheque return memo. If the defaulter not even makes payment within 15 days of receiving the legal notice, you can file a complaint case u/s 138 of the NI Act, within 30 days starting from the day on which the time limit of 15 days (which was provided to the defaulter to make the payment) has elapsed. You can also hire a good legal practitioner from the Vidhikarya platform, having expertise in cheque bounce cases.
VIMAL K MISHRA
Responded 5 years ago
Johnson Thangiah
Responded 5 years ago
sirisha chadalapaka sirisha
Replied 5 years ago
can we get our black amount we signed in power of attorney our family has cheated.we have some proofs like call records and messages no documents.
Johnson Thangiah
Replied 5 years ago
Sir,
U/S 138 of NI Act insisting that.......... "Legally Enforceable Debt" ............ So you can claim Legally Enforceable Debt only.
VIMAL K MISHRA
Responded 5 years ago
Aashish Kumar
Responded 5 years ago
Ambrose Leo
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
sirisha chadalapaka sirisha
Replied 5 years ago
can we get our black amount we signed in power of attorney our family has cheated but we had some proofs like call records and messages no documents.
ROBERT D ROZARIO
Replied 5 years ago
Hello Sirisha, please contact me by getting my phone number from Vidhikarya.
Junaid Ali Khan
Responded 5 years ago
sirisha chadalapaka sirisha
Replied 5 years ago
we people has signed for the amount in documents they cheated our family not given money we believed them
sirisha chadalapaka sirisha
Replied 5 years ago
.
Junaid Ali Khan
Replied 5 years ago
Please contact vidhikarya lawyers to help in drafting and filing your case.
sirisha chadalapaka sirisha
Replied 5 years ago
our family has told for us those papers are agreement papers they are not registered they told for us ND cheated our family had signed in power of attorney can we get our black amount.we only had their messages and their call records we doesn't have any documents to show
Junaid Ali Khan
Replied 5 years ago
Kindly come for a paid consultation!
Manjula Shanmugasundaram
Responded 5 years ago
Rameshwar Dadhe
Responded 5 years ago
NILANJAN CHATTERJEE
Responded 5 years ago
the judiciary system
cheque bounce case
Cheque bounce case
138ni act
Cheque Bounce - Recalling Arrest warrant without me or my advocate by the Judge
