One person( state Govt employee) has to give me some of money which he took long time back && till now he has not returned me any money . So at last I bounced his cheque (salary account) & hired a lawyer && sent notice to him around 10 days back . Now after how many days I can register the case against him if he don't come to compromise with me . Some of my queries are as follows- 1. If my lawyer don't receive the acknowledgement of receipt of notice sent to the person then what can be done to file case as soon as possible . Can the delivery report status of speed post which we can find online in Indian postal website be used to register the case against him ? 2. What is the time frame for filing a case after cheque is bounced & notice from lawyer has been sent . 3. I was tormented very much mentally by the person & so I want to get him arrested ...kindly suggest the sections under IPC so that maximum charges can be imposed against him & he can be arrested immediately after sending notice from my lawyer . 4. If the person comes for compromise by saying that he will give in writting in court that he will return my money in one or more installments in some particular dates then what should be the procedure for this so that he cannot defy his words . How much time is allowed as per law for him to return my money after he comes for compromise . Kindly help me out by answering my these queries . 5. Kindly tell me the various IPC acts under which a strong case can be filed against that person. I have his 4 more blank cheques without dates ,blank stamp papers & cartage papers & call recording.... Kindly Guide me
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
I have bounced the cheque for rupees ten lakhs( I have my genune source of income for that) ,now I want to know how that on wining how much amount the court will ask the person to pay whose cheque has been dishonoured . Also how long the case is expected to run .
According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.
The time limit for filing a case under Section 138, NI Act is one month immediately following the day on which the period of 15 days from the date of the receipt of the legal notice expires.
Sir...if the person whose cheque is bounced denies to receipt any lawyers notice & acknowledgement of receipt of lawyer notice is not received by my lawyer then what to do sir ???
File case after the notice period is over than send court summons.
1) if he fails to make payment within period of 15 days of receipt of issue of legal notice you can file complaint under section 138 of NI act
2) delivery report status of speed post can be used by you if you don’t have acknowledgment card
3) accused can apply for bail after receipt of summons
4) cheque bouncing cases take 5 years to be disposed of
Cheque bouncing cases take 5 years to be disposed of
2)on conviction accused can be sentenced to imprisonment for up to 2 years or with monetary penalty or both
Refusal to accept legal notice is proper service and cheque bouncing case is maintainable against accused
- The time limit for filing a case under Section 138, NI Act is one month immediately from the date on which the period of 15 days from the date of the receipt of the legal notice expires.
- Yes, you should take the delivery report from the postal website /departement and submit it with the petition.
- From the date of Return memo , there is one month period for sending notice to the accused as per law, and further i have already mentioned above. The maximum time limit is one month from the date of receiving the legal notice.
- Recovery of said cheque amount is only possible under section 138 , and you can also file Recovery suit under section 37 for prompt judgement in your favour.
- Further, you can lodged a criminal complaint against him under various provisions of IPC.
- If, the said person appear before the court and request for compromised , then court will pass order for the same , and he will be bound for the same .
- You will get the amount of the cheque or as you compromised with him.
- If he denies to receipt the legal notice, then tell your lawyer to file an affidavit to verfiy him address . Better send the legal notice to his offical address as well. He will have to receive the same.
Good luck and dont forget to rating Positively.
1. After completition of 15 days from.reciept of notice.you can file a complaint within one month.
2. Yes if acknowledgement didn't.come a delivery report from india post website can be used. Also you can write a letter to post office taking there confirmation
3. One month after 15 days of notice period is over.
4. See first summons shall be served by court then he can be arrested if he fail to.appear. Also you can file a complaint under 420 and 406.ipc.
5. See you can as per.your legal debt can.fill the amount and get cheques bounced
See if there is proof of legal debt then in that case you will.win case and it can take around 2 years if contested .
Status report from.website of Indian post.and post.office acknowledgement.
Dear Client,
Complaint for Cheque Bounce is registered under Section 138 of Negotiable Instruments Act.
You have to give a 30 Days Notice to he Accused for the purpose of getting payments back.
If the Accused don't pay you after Notice then you have to file a Compliant within 45 days of the cheque date.
There is no other way of getting the payment back. You may also make complaint of Cheating under 420 IPC.
You need to file a case if he doesn't pay you money within 15 days of notice. You need to file the same within 30 days after the 16 days period is over
1. The online tracking report or the post master's certificate about the delivery status of the notice sent by registered post shall be the proof of delivery.
2. The lawyer's notice will give 15 days time to the person for making payment, after that the cheque bounce case has to be filed within 30 days.
3. The legal notice will entitle you to get him arrested. For getting him arrested you may have to file a complaint with the police under section 420 IPC instead of filing the cheque bounce case.
4. The court will not allow him maximum time, the court will insist him to settle the matter within one or two months.
5. Only section 420 IPC will be applicable.
The couirt may pass an order directing him to pay an amount equal to the cheque amount or even double to that of the cheque amount.
The case if contested may run for two to three years.
If he fails to receive or if he refuses to receive the legal notice, you can file the case by attaching the postal receipt to prove the service of notice to him.
After 15 days of sending the notice you can file case of NI act. But before completion of 45 days from notice date.
You can add section 420 IPC along with 138 NI act.
If notice send through registered post on given address, even if return un served, presumption of due service of notice.
