• 138 section non-cheque bounce case

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
Asked 5 years ago in Civil Law

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28 Answers

No cheque bounce than how will you file ?

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

See in case there is no cheque as instrument cheque bounce case cannot be filed.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Question is not clear. Please give some more details to give proper answer.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

No cheque has bounced than you can't put bounce case. Because to file bounce cheque case bank papers evidence are important.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hi,a complaint under section 138 is only maintainable when a drawer issues a cheque and it is subsequently dishonoured upon its representation

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Recovery suit will file, not cheque bounce. Can also file police complaint if you have been duped by taking money.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

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.

 

 

Shiva Bharathy
Advocate, Chennai
83 Answers
1 Consultation

4.0 on 5.0

Has accused issue cheque in repayment of money ? 

 

Has  it been  dishonoured on presentation ? 

Ajay Sethi
Advocate, Mumbai
94781 Answers
7546 Consultations

5.0 on 5.0

If he has failed to repay your money file summary suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
94781 Answers
7546 Consultations

5.0 on 5.0

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.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
5125 Answers
314 Consultations

5.0 on 5.0

if he issued cheque you can deposit the cheque and the when gets dishonoured you an initiate 138 NI act proceedings.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

It cannot be done in your case.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

For a cheque bounce case at least a cheque given by that party needs to be bounced. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

You have to file a recovery suit.before the civil court cheque bounce case here is not maintainable.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear,

       138 case is not maintainable in this case.

        You can file complaint only for your money.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

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

 

.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

No,S.138 attracts only transaction be by cheque and be bounced .

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

No,

you have to file a suit for recovery to get your money back

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

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

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

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