1. You will have to file a case under section 138 NI Act along with charge of cheating.
2. Simultaneously you can file a civil suit for recovery of money.
3 For advocate you can make personal search.
Bouncing of cheques
had given a personal loan to a freind, had recived a mou and cheques as security.. The cheques have bounced. A legal notice through a solicitor freind has been sent, and now want to file a suit in the borivli court. Looking for a competent lawyer. To advise, to file the suit and proceed further in the matter.
Asked 4 years ago in Criminal Law
Religion: Other
20 Answers
- I'm willing to handle your matter.
- First I require an exhaustive consultation session with you. I'm based in Mumbai just as you are; so it should not be much difficult for you to visit me. . (Nine eight two zero eight nine seven eight eight four.)
Dear Sir,
you could file a summary suit in the civil court and a criminal matter under section 138 of the negotiable instruments act.
Let me know if I can be any help to you in getting your matter resolved in Mumbai
regards
You can find a lawyer practicing in that area from this forum too.
Alternately you may visit the bar association of the borivili court and find suitable lawyer and proceed as per the suggestions tendered.
See there are number of Advocates on this website from Mumbai you can engage them for filing of suit and 138 complaint.
Contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. I will assist you in the same
Engage a local lawyer and file a case u/s 138 of the NI act.
You have to file complaint under section 138 NI before magistrate court in Borivali
in addition better file summary suit under order XXXVII of code of civil procedure as cheque bouncing cases take 6 years to be disposed of
1. you can contact any lawyer from the database of the kaanoon website,
2. for the clarification on the matter, you can contact me or any other lawyer of your choice
You can file case under section 138 of in The Negotiable Instruments Act, 1881.
Section 138 in The Negotiable Instruments Act, 1881
18 [ 138 Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for 19 [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless—
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.]
1. If demand notice has been sent then a criminal complaint for cheque bounce under Section 138 of NI Act should be filed within the limitation period.
2. Suit can be filed simultaneously, but it is the criminal case which acts as a deterrent.
1. Visit the Advocates Room, 1st floor at Borivali Court premises and inquire about local advocates specializing in Cheque Bounce matters.
2. Engaging a non-local advocate shall prove to be costly with hassels.
Ans:-.
You may very well file a case under the provisions of the NI Act thereby making the accused a party to the proceedings.
Dear Sir,
Under Section 138 of Negotiable Instruments Act, the Dishonor of cheque for insufficiency, etc., of funds in the account the action can be initiated before Metropolitan Magistrate for compensation twice the amount of the claim and punishment for two years.
- Where any cheque is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honor the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence.
- Provided there are some necessary requisites of this provision,
- Action within 6 months
- Demand by giving notice in writing within 30 days from return of cheque as unpaid,
- Failure to make payment within 15 days of the notice.
- Please collect your returned cheque from the Bank. This cheque should have been issued for a genuine business transaction.
- Also most importantly, collect the "Cheque Return Memo" which states the reason for the cheque bouncing duly authenticated by the Banker. This forms the basis for suing the Drawer of the Cheque.
- Please issue a notice to the drawer demanding payment within 15 days before initiating legal action. You may send a Notice yourself (one may google for the format of notice) or thru an Advocate by Post- this will cost you some money. The Notice should be issued within 30 days from the date of return of cheque.
- Collect the Postal Authorities' Acknowledgement for the cover.
- If payment has not forth come within 15 days, then hand over both the cheque and cheque return memo, Acknowledgement along with the copy of 15 days Notice served by you, to the Lawyer/ Advocate and ask Advocate to file a case against the drawer of the cheque under Sec.138 of N I Act.
- Rest the Advocate will take care. And please be aware that this relief will be available when the cheque bounced for the reason of "Insufficient Funds" and not for any other reason. But this may take time, may be a few months due to large number of such case pending in Courts filed under Sec 138 of N I Act. It also depends on your Counsel dealing with the case. Hope this helps.
Bette file FIR, fast recovery.
- Since , you have already sent a legal demand notice to him , then as per law of limitation , you should give him 15 to 18 days time from the date of sending the notice , and after that , you have one month time to file the case under section 138 of N.I.Act .
- If period as given above not complied , then you cannot file a criminal case , hence you should engage a local lawyer within the period of limitation.
there are number of lawyers in this website from mumbai having good ratings You can seek phone consultation from any lawyer.
You can contact one of KANOON site's lawyers coming from your area.
You have to file case, if he does not react to the notice within stipulated time.
As desired, you can also file Summary Suit U/o.XXXVII for the money simultaneously.
1. Search for advocate from Lawyer section of this site.
2. You can also visit the court through your friend who have sent the legal notice.
