• Cheque bounce and party not continuing business, only have GST number from other state

Dear Sir / Mam,
I have his cheque bounced multiple times and he is from coimbatore, I m from Ahmedabad. He is not taking calls , still has the same number. When sent a warning letter by registered ID it came back, now news is he was having rented place and he no more has the shop. What can I do now? Is there any way I can get my money back?
Asked 2 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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16 Answers

File summary suit against defendant to recover your dues with interest 

 

Summons should be served at last known address 

if necessary opt for substituted service ie paper publication 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Hello,

  1. After having the cheques returned, you must have a correct address of the defaulter/offender whereby you can serve the demand notice on him and drag him to court.
  2. As your registered letter returned undelivered, you must search through sources available and locate him to take any remedial steps. If you can manage to get his home address, summons can be served there as well
  3. The best bet at the moment is to lodge a police  complaint against  him in Coimbatore , preferably an FIR, so that he can be tracked first and further action for recovery.

S J Mathew
Advocate, Mumbai
3415 Answers
175 Consultations

5.0 on 5.0

- If the said cheque has not crosses three months from the date mentioned in the cheque , then without any further dealay doposit it , and after bouncing send a legal demand notice to him .

- Further , if no response within 15 to 20 days time , then file a complaint before the court under section 138 N.I.Act read with section 420 IPC, on the last known address .

- Further , if date already crossed , then send a recovery notice to him on the last known address , and then file a Suit for recovery. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Proceed under N.I. Act after consulting a lawyer regarding the cheque bouncing matter. 

Every step narrated in Section 138 must be fulfilled.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

You need his present address for any court case to be successful. Otherwise he will not have any implications by your cases

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

You have to visit Coimbatore and locate him through your own sources and lodge a criminal complaint against him with the local police, if necessary you may forward a copy to the city commissioner of police also in this regard.

You may have to stay there at that place for a week or so in order to put pressure on him through police for finding some ground to recover the amount 

Besides you can initiate cheque bounce case also through appropriate court either in Ahmadabad or Coimbatore.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Do you have his PAN number and Aadhaar card, on that basis you can check his original native place and make complaint through cyber cell as well to check his other details where he is residing as of now. 

 

Under section 138  under the Negotiable Instruments Act and  under section 420 of IPC.

Ganesh Kadam
Advocate, Pune
12423 Answers
193 Consultations

4.9 on 5.0

Please deposit the cheque and if dishonored issue notice under section 138 b of N I Act .Serve the notice on his last known address and on his WhatsApp. Both mode of service of notice is allowed. 

After serving notice will advice you for the next steps to recover your dues from your opponents. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Issue notice within 30 days from date of return of the cheque  to the last known address of the party.  If it is returned, you have to file complaint under sec.138 of NI Act, meanwhile find  out his address, thereafter, obtain warrant and get it executed.

Further, you can also file money recovery suit against him, obtain exparte decree, the decree can be executed till 12 years.

All you need to do is to find out his adsress. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Send a statutory notice and if he doesn't accept it then send an e maila nd on WhatsApp. Fike a cheque bounce case against him immediately.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

Please send Indian notice for cheque bouncing if you do not reply legal notice are make payment within 30 days from the date of issue of the notice you have to find cheque bouncing case under section 138 negotiable instrument act and accordingly the court procedure should be followed even if the business has been closed the person who has signed the cheque is responsible for the making payment.

So if you have completed the bouncing procedure then it is time to send the legal notice.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

File a complaint of cheque Bounce under 138NI Act.

Get non bailable warrants issued, police will arrest him.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

send the legal notice to his residential address or email them. you can also send the same on whatsapp. send legal notice through post also, if it returns doesn't matter. thereafter, you can initiate legal proceedings under section 138 of NI Act.

Sanjeev Gupta
Advocate, Delhi
107 Answers
1 Consultation

5.0 on 5.0

You should have file cheque bounce case. If validity of cheque is not passed. Get it bounced again and file cheque bounce case. You can also file FIR of cheating for fast recovery.

You can send legal notice on last known address and though whata app.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

you can file cheating case u/s 420 of ipc against him. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

1. You can file criminal complaint under section 138 Negotiable instruments act against that person for cheque bounce after sending him legal notice through your advocate at his address available with you even if notice returned back undelivered.

2. You can also lodge FIR against that person for commiting fraud with you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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