• Cheque Bounce

My cheque is bounced which was given by a Builder. I m in USA now.  My problem is, I cannot come to India, but, I have my Brother-in-law and relatives in India.
What option I have to collect my money.
Can My Brother-in-law or relatives file criminal case on my behalf.
Asked 6 months ago in Criminal Law from Canada
Religion: Hindu
1) it is better you file summary suit to recover your money with interest 

2) simultaneously you can issue legal notice to builder  and if he fails to pay file cheque bouncing case in India 

3) you can execute POA in favour of family member to file cheque bouncing case and civil case 

4) you will have to come to India during trial to give evidence
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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You can file a cheque bounce case under section 138 NI act and also file a money recovery suit in a civil court or can file a case in the consumer court for recovery of money as well as for compensation towards mental agony you have suffered.
  You can file all these or any of these cases either by yourself or by executing a power of attorney to any of your close aides in India to represent you in the cases before court.  However please remember that you may have to be physically present in India before the court during the time of deposing your evidence in the cases.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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Hello,
1) You can give a Power of Attorney to your brother in law to conduct the case on your behalf. You can get the POA attested at the Embassy in USA and have it couriered over to your brother in law.

2) You must get a legal notice issued to the builder demanding the return of the money. If he fails to do so a case can be filed under section 138 and 142 of the Negotiable Instruments Act for return of cheque.

3) Once you provide a POA to your brother in law or any other relative, he/she can engage a lawyer and conduct the entire case for you. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Execute a power of attorney in favour of him and he can file case on behalf of you before criminal court against the builder.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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Hi
 1. you should  send a legal notice , demanding the money within 15 days of intimation from the bank.
in case 

2. if he does not pay in stipulated time said in the notice,  you can file a complaint Under sec.138 of The Negotiable instrument Act,

3. Yes your relatives, brother -in-law can file case on your behalf , you should issue them a   power of attorney  authorizing him/her to appear and file and take trial on your behalf.

This POA can be get prepared by a lawyer in India and to send you to US  and you can get attested in Indian consulate in US and sent to the relative/concerned attorney in India .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. You should send the builder a legal notice claiming the said amount immediately u/s138 of N.I.Act,

2. In case you do not  get the amount with in the stipulated period, you should file a cheque dishonour case under the said Act,

3. Simultaneously, you can also file a Money Suit against the builder claiming the said amount with interest, damage and cost,

4. You can authorise your BIL or any other relative to file the above cases to recover the said amount. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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You should immediately issue a legal notice to the builder through your lawyer to claim the recovery of amount covered by the cheque. If the builder does not pay the amount within 15 days then your remedy, a rather potent one, is to file a criminal case of cheque bounce in the court. You do not need to appear personally in the court except for your evidence at pre-summoning and trial stage. Engage a lawyer to proceed forthwith
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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