No cheque bounce than how will you file ?
Sir can we put cheque bounce case .but there is no physical cheque bounce.only transfer has happened to his account.no cheque has been given
No cheque bounce than how will you file ?
See in case there is no cheque as instrument cheque bounce case cannot be filed.
No cheque has bounced than you can't put bounce case. Because to file bounce cheque case bank papers evidence are important.
Hi,a complaint under section 138 is only maintainable when a drawer issues a cheque and it is subsequently dishonoured upon its representation
Sir we have transferred amount to individual can we claim back amount by putting cheque bounce case as we do not have any other document apart from bank transfer details
Recovery suit will file, not cheque bounce. Can also file police complaint if you have been duped by taking money.
no you cant file a cheque bounce case unless u received a cheque from a person and the said has to be prseneted in bank, and the bank should returned the cheque with endorsement like payment exceed or no such payment, then only you can file a cheque bounce case,
if you want to claim amount from that person you have to file a money recovery suit.
No that is not the way. Bank transaction details are sufficient to prove you paid the money.
Now you paid for some purposes or simply as gift. Your relationship with that fellow will mostly determine the nature of payment.
So you can claim your money by filing a suit in civil court preferably a summary suit.
1. You have to prove the obligation that the money was credited to a specific person's bank account for a particular purpose and he has failed to deliver the promised result.
2. If that is so, then you can file a Recovery Suit for recovering the money you had transferred to his account on the promise of his performing certain act.
3. If there is no physical cheque leaf at all, then the assumption of cheque bounce doesn't hold water.
if he issued cheque you can deposit the cheque and the when gets dishonoured you an initiate 138 NI act proceedings.
Send a Legal Notice to the person through an advocate demanding the amount. If he returns back your money fine, else file a civil suit for recovery against him..
No cheque Bounce case can only be filed if you have any check which is bounced imagery in this case you have to file a money suit instead of cheque bouncing case.
Please be aware that in cheque bouncing case there are certain procedures to be followed however as you have transferred money through bank transfer and for the recovery of the amount you have to file a money suit in Civil Court if there is an agreement between you and the other party and he is not honouring the agreement then you have other options available in this regard but in case there is no no evidence of anything except bank transfer the money suit is the only option available
You cannot file a cheque bouncing case under section 138 of the Negotiable Instruments Act if there is no physical cheque which has been dishonoured
For a cheque bounce case at least a cheque given by that party needs to be bounced.
1. if there is no cheque then there is no question of filing of dishonour of cheque.
2. However it appears you lent them money and if that is so then you can file civil suit for recovery of money.
3. Another option is to file criminal case of cheating.
Dear Sir,
You can file civil case called Money Recovery Suit. Bank transfers can be taken as basis to file recovery suit. Nothing to worry.
You have to file a recovery suit.before the civil court cheque bounce case here is not maintainable.
Hi
Case on hand, you cannot invoke provisions of Sec.138 of NI Act, for which a cheque transaction is required.
Take out the bank transfer details, issue notice to the recipient for repayment of money.
You can file case for recovery of money (it should be within limitation from date of payment).
Good Luck
.
No you cannot file complaint case under section 138 NI Act without a cheque bounce.
For recovery of amount paid through online transaction you can file recovery suit against the borrower.
When there is no cheque with you then where is the question of a cheque bounce case?
You may have to file a money recovery suit only.
First of all understand the concept of the cheque bounce case, i.e., you should have a cheque issued by the opposite party, it should get bounced by the bank without honoring the same on presentation for the reasons stated in the return memo, then only you can file a cheque bounce case.
If u don't have any cheque. Move a complaint to local police that so and so person has taken amount with assurance to give us franchise of any company on his assurance v hv given amount to him through account, now he has cheated us. Police ll register case under section 406,420 ipc against him