What legal action can i take if a consumer dishonoured 3 cheque
Hi i am business man i have given material to a customer he has given me 3 cheque but all the cheque dishonoured its almost 10 months back from 19.02.2014 i was taking time to repay thats why we have so much time to him.But now we are confirmed he will not give our payment.So please help us and guide us what action we take against his dishonoured cheque
Asked 3 years ago in Business Law from Bangalore, Karnataka
You could have filed a case for cheque bonce against this man as a cheque bounce case being a criminal case is a big deterrent. However, as 10 months have lapsed from the date of bouncing of cheques you have lost the right to file case now.
Your legal remedy now is to file a case for recovery of amount covered by the cheques. Act swiftly lest you lose this right also.
issue legal notice . file summary suit under Order XXXVII of Civil procedure code on the dishonoured cheques . in case the customer files his appearance you will have to take out summons for judgement . in case customer does not have defence court may pass decree in your favour or call upon customer to deposit amount in court . within period of one year you will get interim reliefs .
You can file a Suit for Damages in Civil Court as summary suit and you can also file a Criminal Case in Magistrate Court u/sec.420 and 406 IPC.You can not file cheque bounce case as because it is barred by time which was lapsed.