• Cheque bounce

Dear Lawyers
My self is working is residing in Vienna (Austria) 
My relative gave me a cheque but it bounced because  of insufficient funds. 
This is not the first incidence, he always makes promises and provides a fresh cheque.
But this i want to file a case against him. 
In this regard I have already sended him a notice. 
Unfortunately 30 days period is about to finish and i am not getting holidays from my work.

Could you please suggest if i have some option left to get my money back ? if 30 days time limit is over to file the case.
can i resubmit the cheque to my bank, and send him a  notice again to raise new cause to file case. 
Same time, may i also request to provide me a format of power of attorney  as i wish to get a power of attorney on my mothers name from the Vienna court and get it counter signed by Indian consulate. Please confirm if its legally valid and accepted. 

I am afraid if i can get my money back or not. 

Best Regards
Robin Sharma
Asked 2 years ago in Criminal Law from Vienna, Delhi
1. You have another chance to re do the process,

2. File the bounced cheque again since Banks allow two presentations only,

3. If the cheque is dishonoured, start the whole process of filing case u/s138 of N.I.Act for which the first step is ro send him a notice,

4. In case you can not file case u/s138 of N.I.Act, ytou still have the scope of filing Money Suit claiming your money with interest, damage & cost,

5. Engage a lawyer in India who will mail you the POA in favour of your mother to contest the case for you.
Krishna Kishore Ganguly
Advocate, Kolkata
11230 Answers
204 Consultations
5.0 on 5.0
You can personally contest the case, all you have to do appoint any lawyer of your choose at your home town , instruct him to draft complaint u/s 138 N I Act,  ask him  to send to u by post, you can re send it to his address after signing the complaint, then case can be  lodged and conducted through your lawyer, you need not to be present at the time of hearing of the case.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0
do not worry ,ideally legal notice should have been given with in month of its bounce and after giving 15 days notice if payment not made then proceedings under 138 ni should be initiated
if that period is lost then the option which you have is to file for recovery suit in court,in that also your payment can be recovered but no sentence can be given by civil court,as it becomes civil matter

How ever in case you are not able to file case in required time you do have option of filing application for condonation of delay and proceeding under 138ni
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
There are two options available for you.one represent the cheque and  after its bouncing  send notice then file 138 crl. case .secondly donot represent the cheque file civil suit for recovery with interest and costs.If you wish can do both or either of the two.Contact a local lawyer who will do all the paper work,like POA,preparation of case and contest in court.For civil case you dont need to be present on date of hearings unless directed so by the court.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0

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