• Cheating and cheque bounce

I had retired from Army on 01 September 2016. I have given Rs one lakh on loan to one of my neighbour on 04 Oct 2016 for short term for treatment of his wife through netbanking with mention as loan in remarks.After a week, he came to know that I was searching for a small residential plot for investment purpose, He convinced me that he was a local unregistered property dealer and offered for a plot. He asked me to pay Rs 3 Lakh more. This amount was also paid through netbanking, though mentioning as loan again.He neither transfered the plot on my name nor given any paper in writing. After almost three months on 15 Mar 17, he had given me a cheque of his account into which I have transferred Rs 4 Lakh. It was bounced next day due to insufficient fund. He assured me to have sufficient amount in his account but the cheque bounced again on 06 May 17. He told me wait upto 29 May 17 and claim the amount thereafter. It was bounced third time on 31 May 17. Please advice further course of action
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

1) issue legal notice to your neighbour that your cheque has been dishonoured on presentation on grounds of insufficent funds and to make payment within period of 15 days of receipt of notice

2) if your neighbour does not make payment then file complaint under section 138 NI for dishonour of cheque before Magistrate court

3) simultaneously also file summary suit under Order XXXVII of code of civil procedure to recover Rs 4 lakhs with interest

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

Hello,

Further you are required to send him a legal notice with all the details within 30 days, then after he receives the notice and on expiry of 15 days there after if he fails to remit you the money you can institute a case against him, alternatively you can also file an FIR against him.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You have to issue a legal notice to him demanding the return of the loan amount or pay the cheque amount immediately within 15 days fro the date of receipt of this notice.

If he fails to return the loan amount or comply with the demand made or not replying to your legal notice you may initiate cheque bounce case against him under section 138 NI act.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

1. Within 30 days of cheque bounce intimation the payee or holder in due course has to issue a legal notice to the drawer. So ensure that you do this, failing which you will lose your potent and efficacious legal remedy to file a cheque bounce complaint against him.

2. If he does not pay back the amount even after demand notice then launch his criminal prosecution for cheque bounce.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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