I am working and residing in Germany since last 10 years and holds German nationality also.
I gave 3.35 lacs to one of my friend in India, since last three years he just keep on making promises.
Last year i was in India and he signed a agreement on Non judicial stamp and gave me a cheque of 3.35 lac.
My brother deposited the cheque, it came back with notation (Insufficient funds).
My lawyer send him a notice, but he willing did not receive it. This notice came back to us on 9th of May 2014/
I wish to file a court case against him,
In this regard i have some queries..
1. Can we file a case even though he did not receive the notice.
(Address is 100% correct), we used to be very good friends before i gave him this money, so without doubt address is correct.
2. What will be the time period to file case in this situation.
3. Is it essential that i must be in India (in court) to file case, or any one else can file the case on my be half in my absence
Your kind help is greatly appreciated.
Asked in Criminal Law from Bijnore, Uttar Pradesh
1. What is the endorsement in the legal notice, 'refused' or ' not found'?
2. If not found, then fresh notice within time will have to be issued.
3. Only on completed service , you can foe case for cheque bouncing.
4. Time limit is one month for issuing legal notice from the date of notice of dishonour of cheque, then 15 days time to give repayment and on expiry of 15 days another one month for filing of case. The time of one month for fling of case can be extended for further period if there is proper reason for delay.
Verify that your notice was returned with for what reason, whether because of wrong address or your friend refused to take the notice. If address is correct than serve another notice and complete the service at all, and after expiry of 15 days initiate proceeding u/s 138NIAct.
cheque bounce case has to be filed with in month of its been bounce under 138ni,now you can only file suit for recovery
Advocate, New Delhi
Thank you very much for valuable guidance,
on the return notice precise stated word is : AVOIDED
Asked 3 years ago
it seems that you have filed suit for recovery,avoided will deemed to be received and advise your advocate to go for exparte decree
Advocate, New Delhi
dear client, 138 NI act is very technical in nature. there is time frame for every step. you have to issue legal notice with in 30 days of dishonour of cheque giving him 15 days time to repay. after expiry of fifteen days you have to file complain with in 30 days. how ever avoided amount to to service of notice. so you can proceed for filing. your presnce is not required.for brief you may call me
Advocate, Greater Noida
1. What has been written on the envelope carrying your notice? Is is written 'not known' or 'party refused'? If the notice has been refused to ve received by the party, it is a good notice 7 you can proceed in filing the case,
2. You shall have to issue the Notice within 1 month from the date of the Bank Memo informing you about the said dishonour of cheque giving him 15 days time to pay of the dues. After the said 15 days you can file the case under N.I. Act within 30 days if he does not pay,
3.It can be filed by your POA holder.