• Cheque bounced

Hello  Sir,
I gave a person  Rs 300000 as a loan  around 2 years back..
He gave me a cheque  last month of  Rs  392000   including interest.
Which bounced back  on 17 Feb. I sent him a notice within 15 days of the cheque bounced but notice   was returned due to his incorrect address given to me.Then I sent him  an email within the time limit. Kindly tell me  if  sending  notice via email has legal validity? or  Can i file a FRI  also against the person  for cheque bounced offense?
Thanks a lot
pooja
Asked 3 years ago in Criminal Law from Hyderabad, Andhra Pradesh
u have to send legal notice through advocate on proper address . because service of summons has to be on correct address. yes u can also lodge FIR under 420 of IPC. u can also file civil suit for recovery of your money
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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An email is not a legal notice. A legal notice, as mandated by the law in the given facts, has to be issued by a lawyer on his letter pad.  FIR can be filed for the offence of cheating. That apart, you need to bear in mind that a prosecution for cheque bounce will not by itself result in the money being returned to you. In order to recover your money along with interest you need to file a separate case for recovery of money in the court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Hello,

In case the cheque is still valid, i.e three months has not elapsed from the date of issuance of the cheque, then you can send the notice again.
Sending an email will not suffice, find out the correct address and resend the notice. This time, send the notice by normal speed post, by registered post and by courier separately. 
In case he refuses to take the notice, it will still be considered as service. Once that is served, you may file a case under section 138 NI Act. You need to contact a local lawyer for filing of the 138 complaint. But notice can be sent by you as well.
There are a couple of mandatory requirements while drafting a notice which is to be kept in mind. Such as the statutory time period etc.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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