Hanumant's Law Journal

Equality before Law and Equal Protection of Law

Cheque Bouncing PDF Print E-mail
Tuesday, 22 September 2009 12:57

Advocate Vikas Daga and Praveen Yogi provide useful information on Cheque Bouncing. Also read a case where the victim of a dishonoured check worth 50,000/- got 1,50,000/- Click on read more below for the details...

 

What is a Cheque

A Cheque is a bill of exchange drawn upon a specified banker & not to be expressed to be payable otherwise then on demand.

Characteristics of a cheque

1. In Writing
2. Unconditional order
3. specified banker
4. payment to a specified person
5. Payable on demand
6. Specified sum of money
7. Signature

Bouncing or Dishonor of Check

When a Cheque is presented to a bank for payment & if it is not paid, it is said to be “dishonored”  or "bounced".

Check is a negotiable instrument and bouncing of a cheque is a Criminal Offence, which is governed by NEGOTIABLE INSTRUMENT ACT, 1881. It is punishable by up to 2 yrs of imprisonment.

REASONS OF DISHONOUR

1- signature not matched
2- overwriting in cheque
3- presented in bank after completion of six month
4- Account closed
5- Insufficient funds
6- Payment stop by account holder
7- Opening balance insufficient
8- Amount differs in words & figures
9- In case of company without seal of company
10- Account number not matched
11- In case of joint accounts only one account holder sign but both signature are required.
12- On the death of customer
13- On the insolvency of customer
14- On the insanity of a customer
15- On Garnishee order
16- In case of crossed cheques
17- When cheque is issued against the rules of trust.
18- Alteration
19- Doubtful
20- Other branch cheque
21- OD limit crossed

What is a NEGOTIABLE INSTRUMENT?

The word negotiable instrument means a document, the ownership of which can be transferred. According to section 13 of Indian negotiable instrument Act 1881 “A negotiable instrument means a promissory note, bill of exchange, or cheque payable either to order or to the bearer.”

Justice K.C WILLIS  defines a negotiable instrument as one in which the property is acquired by any one who takes it bone fide, & for value notwithstanding any defect of title in the person from whom he took it.

What should a person do if the check that he has received has been dishonored?

1- Notice should be given to the payer within 1 month of the dishonor of the cheque.
2- After notice, 15 days should be given to the payer for payment.
3- If the payment is not made within 15 days by a payer, a suit can be filed in the court with in one month after the 15 days notice period.
4- Period of notice is necessary before a suit can be instituted.

Importance of LIMITATION PERIOD

The case must be filed within 30 days after completion of the notice period of 15 days. For example…
Notice received by defaulter on 5 November, now one needs to wait for 15 days i.e. up to 20 November. If the payment is not received in these 15 days, a case can be filed within the next 30 days i.e. before 20th Dec. If the case is filed on 21st Dec, it will be dismissed by the court.

If a notice is not given within 1 month after the cheque has bounced, then the check needs to be presented in the bank again and a notice can then be issued after the check bounces.

Steps for giving notice & for filing a suit in the court:

  1. Notice should given with in 1 month of cheque bounce
  2. Notice should be sent by Registered post with acknowledgement receipt
  3. It is advisable to send one copy of notice by mode of U.P.C. as well.
  4. After waiting for 15 days after the payer receives the notice, a case can be filled in court with in one month
  5. The following documents will be required in filing the suit:
    a. Complaint,
    b. oath letter
    c. photocopy of all the documents such as cheque, memo, notice copy, and acknowledgment receipts,


Court Process for filing a case

  1. Court Fee – For a check up to 50000/- the fee is Rs 200. For a check up to 200000/- the fees is 500/-. Above 200000/- the fees is 1000/-.
  2. Memo of Advocate is essential at the time of filing a suit along with signatures of complainant.
  3. After case is file by complainant in court, all documents are cross checked by Judicial Magistrate First Class, so original documents such as original cheque (bounced), original memo, copy of notice, receipt of post office, receipt of U.P.C., acknowledgement receipt, are required at the time of cross checking. The period of limitation is also verified at this stage.
  4. Now Bhatta (Process Form) is filed by the complainant or lawyer, along with addresss of accused, and the court will then issue a summons to accused for appearance in court on specific date.
  5. If Accused does not appear in court on the date of hearing, the court issues a bailable warrant on the request of the complainant
  6. It the accused still does not appear before the court, the court may issue a non-bailable warrant of arrest

 

What should a person do if the check that he has given has been dishonored?

 

Comments (74)
  • |117.201.17.xxx |2010-04-22 06:13:38 varun  - cheque bounce
    i have presented for payment of the drawer cheque of amount 50000 and 58801 . both the cheque has bounced due to insufficient balance on 21/04/10 . i need an advice from you . i am an business man , i want to know the content to be written in sending the notice for dishonour of cheque . is am eligible as per rules to send the notice to the defaulting person or only the lawyer has the right to send the notce. please also tell me the procedure to file an suit to recover my cheque amount as soon as possible. plaese reply me as soon as possibe.
    Reply
  • |122.168.103.xxx |2010-04-22 12:09:58 sunil ramchandani  - reply
    THERE IS NO FIX FORMAT OF SENDING A NOTICE UNDER NEGOTIABLE INSTRUMENT ACT.THE MAIN CONTENTS SHOULD BE WHAT IS UR TRANSACTION N THE MOST IMP INGREDIENT OF NOTICE IS DEMAND OF MONEY WITH A TIME FRAME OF 15 DAYS.
    AFTER EXPIRY OF 15 DAYS FROM DATE OF RECEIVING NOTICE THE CAUSE OF ACTION FOR SECTION 138 ARISES.AND U R ELIGIBLE TO FILE A CASE WITHIN 1 MONTH FROM EXPIRY OF 15 DAYS.
    U SHOULD SEND NOTICE BY REG.POST N u.p.c {UNDER POSTAL CERTIFICATE}.
    THERE IS NO NEED OF LAWYER FOR SENDING ANY NOTICE TO THE DEFAULTER U CAN SEND HIM NOTICE DIRECTLY
    Reply
  • |2010-04-22 14:17:39 admin
    The sample notice is now available in "Resources For Lawyers" -> Formats section. http://hanumant.com/formats/samplenoticeforcheckbouncing.html
    Reply
  • |82.178.188.xxx |2010-08-26 06:01:25 Anonymous
    Dear Varun,

    As per Negotiable instrument Act it is the duty of an advocate send the legal ntice better u approach an advocate for advise.
    Reply
  • |2010-04-22 12:03:44 admin
    Hi Varun,
    The first step is to send a notice to the defaulter. You can certainly the notice yourself. No need to hire a lawyer for that. I will try to post the contents of the notice in a day or two.
    Once the notice is given, you can file the lawsuit. Again, will try to write an article providing the detailed procedure soon.
    thank you!
    Hanumant.
    Reply
  • |115.240.198.xxx |2010-04-30 10:19:13 Joseph  - Kindly Help
    My check was dated 02-01-2009 was dishonoured and the payee sent a lawyers notice on 10-01-2009 and the accuser was not present in address at time of notice and then the payee resend notice after more than one year in April 2010.Kindly suggest
    Reply
  • |117.196.212.xxx |2010-04-30 13:34:06 sunil ramchandani  - chq bounce notice
    in any way a person cant maintain a cheque bounce case u/s 138 negotiable instrument act after 1 year, but it is possible that he is going to institute a civil suit against u.if possible send me a scan copy of notice than i can properly guide u. You may reach me at lawyersunil@yahoo.co.in
    Reply
  • |115.118.248.xxx |2010-05-08 13:22:12 Nishant  - Cheque bounce against money repayment
    Dear Nishant, you comment has been moved to the discussion forum: http://hanumant.com/phpbb3/viewtopic.php?f=7&t=51
    Reply
  • |122.184.58.xxx |2010-05-13 11:44:37 sathish  - i need one doubt
    hi i have one small doubt.
    our bank statement got one cheque bounced.
    bounced reason for EXA
    what is the mening of EXA?

    Thanks
    N Sathish
    9884443231
    Reply
  • |111.125.245.xxx |2010-09-28 17:03:32 sanjeev sood  - Hi Sathish......Sanjeev from Mumbai...!!
    Hi Sathish,
    It was a pleasure talking to you....was going through notes on dishonor in case of cheques and chanced upon your query....on an impulse called you....sorry!!!! anyways take care and thanks for being a friend!!!! stay connected!!!
    Regards!!!
    Sanjeev.
    Reply
  • |117.204.164.xxx |2010-05-30 11:57:49 Pradeep
    Hi Praveen,

    I am also a victim of cheque bounce cash but the problem i am facing is that i dont know the postal address of the person who owes me money. he is a fraud and changes his address every 2-3 months. due to which i am not able to serve him the notice. what would you advice.

    thanks,

    Pradeep

    Reply
  • |115.240.140.xxx |2010-06-22 14:47:45 moinuddin qureshi  - recovery
    hi
    i have 8 nos. cheques from a partnership firm against the sale bills,but party not confirming date of presenting,he said (karte hain paymet) but not doing, & party's office also shifted what should i do for that.
    Reply
  • |122.162.90.xxx |2010-07-07 11:40:34 P K Jetly  -  CHEQUE BOUNCING
    Total 21 reasons for bouncing of cheque is given in the article. Can any person file case u/s 138 INA in case if cheque is bounced with anyone of reason given above ? Will the court will maintain case if signature is not matched or over writing etc ?
    Reply
  • |115.117.236.xxx |2010-08-28 04:19:47 chethana
    hi i need help. actually i had taken loan of Rs.500000 and gave to one of my uncle and he has just given me a cheque as acknlowdgemnt and promised me that he will pay emi to bank . two yrs it was fine but now as he has some business loss he is not paying it in time and the bank people are asking me to pay the money what shall i do please give me some suggestion m in trouble . my cusin sister who knows him wel is not helping me and my uncle is not responding to my message and cals. and he has changed the address also. how do i come out of this problem. please help with a suggestion please
    Reply
  • |27.107.190.xxx |2010-09-02 09:42:54 Anonymous  - re: recovery
    dear sir,

    first u should present the cheque in bank for Clearing , intimated to u party. if cheque is bounce then with in period of 1 month notice given to the shifted place of party


    Thanks & Regards
    Praveen Yogi
    Reply
  • |117.198.74.xxx |2010-09-03 07:03:07 surendra bajaj
    I am also a victim of cheque bounce ,I filed a complaint case against prower of the cheque
    after bounce of chaque my advocate post two different notice to drawer of cheque by registered a.d.both the notices returned with endorsement that at the time of duty of post man ,party do not present then again my advocate send the same notices this time register with A.D. as well as under postal certificate Again registered with A.D. returned with endorsement party is not present But notice which was send by upc did not returned
    please suggest me whether my notices were served or not served under Section 138 of the Negotiable Instruments Act, 1881 (in short the 'Act')
    Reply
  • |122.160.11.xxx |2010-09-08 13:25:49 Purusottam  - 138 case
    How many cheques can be included in one notice if the drawer & drawee are same, date of presentation and date of dishonour and banks are same.
    Reply
  • |223.177.139.xxx |2011-06-15 12:14:16 A.VENKATESH  - notice
    helo sir if it is same date one notice is sufficient ,suppose if its different dates if it was bounced within 30 day we may sent to the one notice
    Reply
  • |123.238.64.xxx |2010-09-10 10:30:08 vithu  - re: N. I. ACT 138
    What about ECS? can we file case on ECS account u/s 138
    Reply
  • |193.163.248.xxx |2010-10-18 21:01:39 chandraprakash yadav
    Hi sir,
    I have question regarding cheque payment, one my business partner &friend he took loan Amt Rs 3,00,000 with me some personal reason against this amt as a security he has given me a blank cheque only signature mention, not mention any amt and date, for my personal safety i took a promisry note & receipt with revenve stamp signed by him, if i mention amt and date in this cheque my self is it true & we can take legal action against him with this document pls suggest me ...

    Appreciated your soonest reply !

    Brgds!
    chandar
    Reply
  • |117.254.31.xxx |2010-11-01 05:21:27 Anonymous
    I want the draft under Sec 138 of NIA

    That the complainant has a business of giving his vehicle on rent basis---so the complainant gave one of is vehicle on hire basis to the Accused--- and the complainant gave cheque which is bounce----that the complainant has also registered his office----please help me to draft the above situation to send legal notice to accused
    Reply
  • |183.87.77.xxx |2010-11-04 06:52:10 sagar singh
    plz sent a notice format for any defaulter of personal loan recovery
    Reply
  • |202.54.152.xxx |2010-11-23 04:37:24 Raj Kumar  - Cheque Bounced
    Hello Sir,

    I presented a cheque (~45,000/-) for payment on 23-Oct-2010 but it got bounced due to "insufficient fund" in cheque issuer's account on 27-Oct-2010.

    I called the cheque issuer on 28th Oct, he said he will deposite cash into my account by 29th Oct.

    He deposited only a part of amount of the cheque i.e. Rs. 35k on 02-Nov-2010 but he (the cheque issuer) is still holding me for rest of Rs. 10k. I am calling him almost everyday and he replies that he will surely deposite tomorrow and tells some excuse every time.

    Now, he is telling that he does not have money and he will deposit once he has money and always talks very rudely to me.

    Could you please suggest me how should I handle this further?

    If I send him a written notice myself to make payment within 15 days and he does not make the payment. Can I suit the case against him? If yes, usually how long does it take in such kind of proceedings?

    Your suggestions are helpful.

    Thanks & Regards,

    Raj Kumar
    Chennai
    Reply
  • |117.200.182.xxx |2010-12-01 04:36:35 Anil  - dishounour of cheque
    i given a cheque as security to co-op society but not get in wriiten that it has given as security. now they filed 138 against me. i dont have proof that the cheque given as security how i came out of this problem please help me

    anilkumar shah
    Reply
  • |117.200.182.xxx |2010-12-01 04:42:55 Anil
    i given a cheque ( as security ) to co-op society i not get in writing that the cheque as secuirity. how i prove that the as security. the witness of consent letter are false. how we can proove that the cheque given is as security. please help me
    anilkumar shah
    Reply
  • |120.63.17.xxx |2010-12-03 16:12:42 jay oza  - Notice for same chq can be send how many time
    Dear Sir

    I would like to know, that how many legal notice you can send for the same chq, person put a chq in the bank and it get dishonored 1st time for which he is send a legal notice but the same is not file it in the court for the case, then he again put the chq in the bank and it again get dishonored for which he send a notice 2nd time for the same chq, after which he file a legal case, in his legal case paper which he put in the court, in that he no where mention that they have send the aqueous a notice 2 time for the same chq getting dishonored. It is been hidden by them in the court by not disclosing it.
    Reply
  • |122.176.202.xxx |2010-12-08 16:05:18 Anonymous
    MY SELF SAGAR
    II I HAD BOUGHT SOME GOODs from regular supplier...but the said goods are not as per the specfication (defective) and i made all resonable steps to contact the supplier but he did'nt respond.therefor i made cheque bounced ,now he issued a notice to me under sec 138.

    hey now i want to know what are the remedies avilable to me .
    Reply
  • |61.1.86.xxx |2010-12-18 18:01:32 Anonymous  - re:
    i given a cheque ( as security ) to co-op society i not get in writing that the cheque as secuirity. how i prove that the as security. the witness of consent letter are false. how we can proove that the cheque given is as security. please help me
    anilkumar shah
    Reply
  • |61.1.86.xxx |2010-12-18 18:04:29 Anonymous
    I have given a cheque as secxirty documents worth Rs.500000/- how should i prove that cheque is issued as security document.
    Prashant
    Reply
  • |14.96.154.xxx |2011-02-26 17:44:50 A.TIRUPATHI REDDY  - BLANK CHEQUE GIVEN WITH SIGNATURE HE CHEATED AND H
    Respected Sir,

    I am private employee hyderabad, i am chiti member those chits zero chitt security perpose he taken blank cheque, he cheated me he sended 3 lakhs legal notice , expet signature i am not written any number and any name , what i can do please suggest me
    Reply
  • |115.249.9.xxx |2011-04-08 06:57:29 LALITA  - overwritten cheques cleared from the bank
    Hi!

    I had given 2 cancel written cheques to a person for loan emi purpose but the person over-wrote the cancel to some names and encashed both the chqs on 2 consecutive days. can i sue the bank for negligence and clearing overwritten/altered chqs? pls suggest.
    Reply
  • |49.203.63.xxx |2011-04-28 03:10:02 jinu  - signature differs
    hi sir, b4 1 week i submitt a cheque of ma mother cheque book
    and submitt in the bank, 'signature differs' a problem in the cheque ..
    that was a self cheque of mother and the TELLER from bank ask me to sign in back rather than mother sign bcoz me submitted the cheque.....

    but i came back to home bcoz the signature differs in the cheque, NOW !! cheque at bank
    .........

    its an nri a/c cheque mother now at abroad

    ..NOW THE BANK SEND A LETTER THAT COME IMMEDIATELY IN THE BANK ...

    BY GOING WITH THAT LETTER TO BANK A ANOTHER 3RD PARTY{COUSIN BROTHER},

    IS THE BANK GAVE THE CHEQUE BACK....??????




    GIVE UR SUJESSION ...ANY PROBLEM WITH THIS........

    BOTH OF THEM SIGNED IN THE CHEQUE WERE ABROAD....
    Reply
  • |122.168.21.xxx |2011-08-05 10:01:18 D.K.SONI  - repayment chq. of a personal loan [ without mortga
    I AM A PERSONAL LOAN CONSUMER OF ICICI BANK TAKING 2 LOAN AND 1 FORCELY GIVEN TO ME [ AFTER SANCTION OF LOAN I AM NOT USE IT UPTO 19 DAYS] DUE TO SHARE MARKET CRISIS I AM UNABLE TO REPAY MY LOAN ICICI BANK ROUDY THREATENING I AM NOW WORKING IN HYDRABAD TO AVOID THEIR MUSCLE POWER I QUITE MY HOME TOWN RAIPUR NOW AFTER 4 YEARS OF TAKING LOAN THEY FILE 138 CASE AGAINST ME AND SENDING NOTICE WHAT SHOULD I HAVE TO TAKE STEP PLEASE GUIDE ME AS A FRIEND .
    Reply
  • |115.187.52.xxx |2011-08-12 10:55:23 alok jaiswal  - 138 notice
    dear sir, i have a dues to a limited co, i am unable to make the payment, they have persented the cheques , and it got bounced, they are threatening that they will issue 138 notice, i am not in a position in making any payment ? pls advise me
    Reply
  • |115.241.8.xxx |2011-09-15 15:37:44 Anonymous  - re:
    Hi Praveen,

    I am also a victim of cheque bounce cash but the problem i am facing is that i dont know the postal address of the person who owes me money. he is a fraud and changes his address every 2-3 months. due to which i am not able to serve him the notice. what would you advice.

    thanks,

    Pradeep

    Reply
  • |116.202.151.xxx |2011-12-21 14:43:10 Elumalai  - Insolvacy against
    Dear Sir

    Pl advise me - am mentaly upset soo much

    due to soo much losses in my personnal business i filed insolvacy in court , summons are servicing to the clients.

    i gave 3 chequs to one my friend in the amount of 250000 , 250000 and 100000 withont date. this person is deposited the cheque and cheque was return due to insufficint amount. now he filed the cases agains me. how can i face this case.


    Insolavncy numbered - 14 Nov 2010

    Cheque bounced - 20 Dec 2010

    i don have money to return him , i don have job also

    what i do ?

    Reply
  • |220.227.73.xxx |2011-12-22 10:02:07 Manjunath Bhat  - Cheque Bounced
    Sir, Ihave submitted the cheque of rs.1,50,000 on 17/10/2011.
    the cheque got bounced on 21/10/2011.
    What should i do...?
    Reply
  • |115.241.80.xxx |2012-03-03 08:42:06 ravikumar  - cheque
    sir i gave 2 lakhs to a person.he has given a cheque to me .i presented a cheque in bank.it bounced.i proceeded to a lawyer.but person who has recived money from me is tracing.i gave a paper add also.what can i do now sir
    Reply
  • |116.202.156.xxx |2012-04-05 13:17:26 Anonymous  - dishonoured cheuq lost , what recourse can I take
    Hi,

    I had been issue 2 cheque by my employer when I had left my job for settling down my accounts. On submission of those cheuqe it was dishonoured by bank on grounds of insufficient fund. i immediately contacted my employer office and was informed that a the said amount would be deposited in my account within a short span. In good faith i however did not take any legal action. Now it has been one year but yet my accounts are not settled. My employer have stopped responding to my mails. I have even lost one of the cheque issued by him amounting to 30K. Can a file a case under NIA if i dont have the original cheque? will it work if i go and get a duplicate memo from the bank. Howver I have the account statements also.

    Please suggest

    Regards
    Sonia
    Reply
  • |223.179.156.xxx |2012-05-17 21:30:56 DEEP PHUKON
    WHAT TO DO IF THE DEFAULTER OF A CHEQUE WHICH IS BOUNCED IS ABSCONDED OR DIES OR MISSING
    Reply
  • |122.169.157.xxx |2012-05-26 12:41:38 R Kasi Viswanadham
    sir i want to know the clarification about the execution of the warrant NBW against the accused. the accused resides outside jurisdiction and also inform that his whereabouts are not know to me. what i will do? is there any provision in Cr. P. C. for publication regarding execution of the warrant NBW against the accused.
    Reply
  • |223.230.141.xxx |2012-06-12 16:15:32 kapil kucheriya  - chaque bounce
    hi to all.

    i need help for chaque bounce case. to one party i have maid payment of 2lacs from my saving account throu rtgs to his company account he is ceo then he did not send me material and gave me chaque of 210000.00 of his saving account now chaque is bounced. plz tell me how to recover my money from that man.

    kapil
    Reply
  • |115.184.89.xxx |2012-06-17 08:29:24 sreenivas  - reply
    Dear Kapil,
    You can send the cheque bounce notice immediately to the cheque issued person through Lawyer. You need to send the notice to person with in 30 days, notice need to reached to the person from the cheque bounced date.

    After 30 days you can't able to do anything. So send the notice to cheques issuer immediately.


    Regards,
    Sreenivas.
    Reply
  • |122.177.30.xxx |2012-07-13 15:10:45 Pushpraj Singh

    Hello Sir,

    I presented a cheque (1,24,800/-) Cheque No – 993463, For payment on 17-April-2012 but it got bounced due to "insufficient fund" in cheque issuer's account on 18-April-2012.

    I called the cheque issuer on 20th April, he said he will deposite cash into my account by Before 25th April. But payment not not deposited in my account.

    He Against the payment paid Thru IT Computer Parts
    Rs. 12300/- Invoice No TC-45 Invoice Date : 24-05-12

    Again Second Time IT Computer Parts Received the
    Rs. 12400/- Invoice No TC-36 Invoice Date : 10-5-12

    Cash Payment Received only Rs. 5,000/-

    Total Payment Received Rs. 29,700/- (Twenty Nine Thousand Seven Hundred Only)
    (Including Cash & IT Peripherals)
    Total Balance Payment Rs. 95,100/-

    Balance Amount payment deposited only a part of amount of the cheque i.e. Rs. 95,100 on 01st June-2012 but he (the cheque issuer) is still holding me for rest of Rs. 1,24,800/- . I am calling him almost everyday and he replies that he will surely deposit tomorrow and tells some excuse every time.

    Party Name is M/s. Tirupati Computers (TIN No- ) First Floor, Sanjay Market, Atta, Sector-27, Noida – 201301

    Now, he is telling that he does not have money and he will deposit once he has money and always talks very rudely to me.

    Could you please suggest me how should I handle this further?

    If I send him a written notice myself to make payment within 15 days and he does not make the payment. Can I suit the case against him? If yes, usually how long does it take in such kind of proceedings?

    Your suggestions are helpful.

    Thanks & Regards,

    Arti Patel
    Propritor
    M/s. The Computer Peripherals
    S-2, First Floor, Harbansh Market, Atta,
    Sector-27, Noida – 201301
    Reply
  • |117.198.94.xxx |2012-10-02 18:02:20 Roshan
    Thanks :)
    Reply
  • |117.213.176.xxx |2012-10-13 04:38:15 Sunil Prakash  - Cheque Bounce
    Dear Sir,

    lI have received a cheque by friend, which was dishonoured. I send a personal notice, but no response for 20 days. Can I present the cheque again for clearence at bank and go for legal proceedings i.e. can I send again notice through advocate for further proceedures?

    Kindly advice me.

    Thanking you,

    V Sunil Prakash,
    Survey of india Qtrs,
    Bangalore 560 034.
    Reply
  • |182.68.5.xxx |2012-10-23 11:18:14 Ajit  - Cheque Bounce
    Hello
    i recd a cheque of 21000 from my employer on dated 25 july, while i left the company in 30 Apr. he has issued me 2 pdc Cheque 1 for 15 May and 2nd for 25 july.
    15 may cheque he has been aranged in june and for other cheque he has not allowed me to deposit in bank everytime ask me to wait.
    i have all corrospondence in my mail.
    on monday on 20th oct i have intimated him finally i am depositing cheque in bank.22 Oct i deposit cheque and on 23 rd it is bounced.
    pls advice what is best way to file a case against him.

    Best Rgds
    Ajit
    Reply
  • |115.113.175.xxx |2012-10-29 04:44:58 UDAY SAWANT  - cheq received without amount & name
    my one of relative gave me cheque only signed & date, he has not mentioned amount & name, if i put names & amount in my own handwritting & put cheq for clearing.. & if chq will bounces,dishonour , if i suit a case in court ..IS IT VALID THAT I CAN WRITE NAMES AND AMOUNT IN MY HANDWRITTING OR COURT WILL NOT AGREE FOR THIS( PLZ keep in mind ,he has to do payment to me )
    Reply
  • |14.195.141.xxx |2012-11-17 02:58:33 Vikas  - I issued cheques that bounced now party is not acc
    Hi,i have taken friendly loan from a friend ,he gave me two cheques one of Rs 5 LAKHS AND other Rs 10 Lakhs,in return i gave them two cheques of same amount without dates,party presented the cheques and got them bounced for two times and served me the notice,i was not able to arrange money in due time so they lodged cases against me in Delhi.In mean time i arranged the money and got drafts ready for them in same amounts ie Rs5 lakh and Rs 10 lakh(on 28/aug/12).I have been calling them on there phone to get it collected but they are not ready and are asking for more money.What should i do.
    Reply
  • |202.157.92.xxx |2012-11-19 08:09:11 aryan
    please tell me refer to drawer reason about cheque in hindi.......???
    Reply
  • |122.161.114.xxx |2012-11-20 08:39:00 geeta  - Cheque bounce
    Dear Sir,
    I gave 40,000/- to my friend. he was not returning my money back. then i foced to him he gave to me cheque for Rs. 40,000/- and it bounced. He was not giving my money . i want to file a case against cheque bounce i met with lawyer he said u have to spend 5,000/- for that . Is it liable for this case or not?

    thanks,
    geeta
    Delhi
    Reply
  • |14.139.113.xxx |2012-12-26 04:03:30 savita  - recovery of bounce cheque after validity of 3 mont
    what if cheque is bounced & we havent done any legal procedure ?
    Other party was promising for payment now he is not attending phone as well not being traced. he changing his office frequently.what do i do
    Reply
  • |122.179.82.xxx |2012-12-27 07:02:17 PRAKASH  - 138
    DEAR SIR ...MY CHQ BOUNCE 20 MONTH BACK AND I NOT GET ANY NOTICE NOW THE CURT SEND SAMANCE 30-11-12 THAT SEMANCE COME TO MY ADRECE 24-12-12 SO WHAT I DO SIR.....
    Reply
  • |37.228.104.xxx |2013-01-19 13:18:16 RAJA RAM MONDAL  - querry
    I have a guestion about u/s-138 NIA.a suit is file in agra court but I am living in west bengal actually status of my case is arrest of warrent is issued by court against me and also i have gotten bail my nearst court and next date is mentioned 28-01-2013 my question is Is it possible to transfered my home town court and is possible to get long date plese reply me my email.
    Reply
  • |49.238.33.xxx |2013-01-19 14:19:48 Momula Basappa  - Single Notice can be sent for any number of chequ
    Single notice is enought any number of cheques but filing of complaint under 138 of Negotiable Instument Act - 1881 is concerned you cannot include more than three cheques in single comopleint.
    Reply
  • |223.237.219.xxx |2013-01-22 16:56:37 Santosh B Patil  - advocate fees
    :angry-red: I have won a cheque bounce case of rs. 2 lakhs. The case went from civil court to high court with 70 hearings. Now my advocate hasgiven me a bill of 70 hearings x 500 Rs + 25000 high court charges. Is this the fee structure? Or am I being fooled? Please advice. Also let me know wat action I should take to get rid of this mental harassment.

    Thanks,
    Santosh
    Reply
  • |116.203.117.xxx |2013-01-24 07:00:56 abeer gupta  - cheque bounce
    10 month back i worked for a surgical company and our C&f make bill for distributors all across delhi . many time to give benefits to the distributor against vat they make bill and send the stock on challan to the distributor but bills are not send and the C&f ask us to take cash from distributor and deposit in our account and then give cheque to them but two of my cheque bounced as the party refused that they have received any stock . This had happened 10 months back and after this incidence i have left that company now the C&f can file a case against me. please guide what should i do
    Reply
  • |180.151.121.xxx |2013-01-25 09:01:31 bhagirath  - please help
    Sir i filed a case in court for cheque bounce where the court fee charged was 25000.

    but now the party wants settlement how much of my court fee will i get back if i withdraw my case ,
    Reply
  • |203.122.11.xxx |2013-03-05 11:31:42 aman singh  - security blank cheque used for putting NI 138 act
    i was working for a limited company and they asked for blank cheque as security cheque and i have reciept of that cheque in which its mentioned that tis is security cheqi and will be used only if i have some liability.


    now company did not pay my salaries for 2 months and they did not pay any expenses.they were unable to get any business done so i emailed them that either pay my salary or i wont work any more.

    they called me that we will pay it on x date and they still did not pay and then i took a job offer and somehow they came to know and they stopped my email id.

    i had made stop payment for the cheque paid.

    now they sent me one notice through a laywyer and i replied through my lawyer..after one year i got a summon from court for th NI 138 act for the cheque bouncing.



    now how can NI 138 be apllied here by the company when thye all know that they cant use security cheque given.

    they didnt pay salaries and any expenses. there are repeated emails for business which they were unable to do.

    they promised to pay but did not(written email available)i have quit with emails.


    kindly advise how to take this further...

    aman singh
    Reply
  • |122.180.69.xxx |2013-03-21 10:53:58 piyush  - out of court settlement
    in cheque bounce case what r d documents required to be taken from the party doing the case if out of court case settlement is done
    Reply
  • |101.2.83.xxx |2013-04-01 08:42:01 Sharan Dudhagi  - Next Procedure after giving notice of cheque ounce
    Hello ,

    I am Sharan , I have given a notice to the payer after a cheque bounce, now he is saying that he will pay the amount after 2 months of time, then what shall i do now ? can i wait till given time or what ?
    OR once i made case can i get the amount by sealing his property by court or he will be punished by court for 6 moths to 2 years ?
    so, I am confused about the next procedure , please help me about the next step,
    My No.
    +91-9175503015
    Reply
  • |115.185.23.xxx |2013-04-01 09:19:07 SUNEEL DUTT  - suggest to file case in court after expiry of noti
    Dear sir,

    i have serve legal notice of 15 days to defaulter for cheque bounced dated: 05-02-2013 of amount Rs. 180000 ,by registerd post 12-02-2013. The notice has been received by defaulter and replying legaly to my concerned advocate dated:28-02-2013 that he has paid of amount 100000 and balanced amount 800000 is yet to be paid by defaulter. Due to unavoidable circumstances( during this period of time my father is hospitalised under critical condition beded at ventilator in ICU at Jalandhar and i remained unable to file the case within the stipulated time period according to Act 138 that is one month which is expired on dated: 28-03-2013)
    kindly suggest how to file case against the defaulter legaly.
    Reply
  • |114.143.159.xxx |2013-04-04 10:57:55 Anonymous
    a public limited company issued check of rs 8lacs and bounced . can we get court dates soon say in 7 days / even on payment of extra fees or so
    Reply
  • |14.96.134.xxx |2013-04-12 06:16:50 Suny  - Cheque bounced on 14 th feb 13
    Hello, cheque bounce for an amt of 62k on 14th Feb 13, police complaint given on 20th feb 13(no FIR logged) notice sent on 23rd feb 13. the cheque bouncer has no issues in paying the amount to the party provided he gets all the damages repaired in the house he was staying the tenant has cheated the owner by covering all the damages and wanted to move out before the notice period with out given any notice to the owner.... no suite has been filed in the court as the owner has accepted the tenents proceedings, now the tenent has come to an agreeable term but refuses to take the false complaint against the owner on harrasment which was never done. till now he has not filed a suite as the owner has the communications documented to prove that he had no intentions of cheating but once amount is paid the tenent can not be reached and the owner bears the loss which could not be taken please help what needs to be done if he files a suite now
    Reply
  • |190.102.0.xxx |2013-04-12 23:40:52 Lekha naikar  - Refund
    I had applied for refund from the builder ...jan 2012 after 45 days he gave two chqs of total amt 12.5 lacs but the chq bounce and he kept on promising to give me cash .... Now it pass 1 year till today I did not get the refund what should I do ??????? I am an NRI when I had gone for vacation I invested that amount
    Reply
  • |115.241.190.xxx |2013-04-13 08:07:14 Anonymous
    Cheque of Rs.5lakh issued by payee gets bounce twice due to insufficient funds last bounced on 14/03/2013.legal notice sent to payee adress through advocate by Regd Post A.D but returned due to insufficient address can u tell me further procedure for the same.
    Reply
  • |115.241.190.xxx |2013-04-13 08:11:12 Mahaveer Jain  - Cheque bounce legal notice not received
    Cheque of Rs.5lakh issued by payee gets bounce twice due to insufficient funds last bounced on 14/03/2013.legal notice sent to payee adress through advocate by Regd Post A.D on 26/03/13 returned on 13/04/2013 but returned due to insufficient address can u tell me further procedure for the same
    Reply
  • |93.186.31.xxx |2013-04-14 13:00:14 Prince  - till when party can case
    Sir, I have given cheque to 1 party of Rs.65,000 of dated 31/12/12 which got bounced but till date I have paid him 62,000 but now he is asking for 1 lakh more because person is saying me for 12% interest everymonth from the date I have taken(1/1/12). That person comes in our very far familier relation & he is saying to file a case & he has very extraordinary knowledge of LAW. I have given all the amount in cash & that time he has given bearer cheque. CAN U PLZ SUGGEST ME?????
    Reply
  • |202.65.133.xxx |2013-04-18 05:46:09 Mayu  - Cheque Bounce
    Dear Sir,

    My frined father has taken 38k from me and he's not returned. When I asked him he gave a cheque of 38k but its bounced when I deposit it to my acc. When I contact him he's not responding properly.

    I took suggestion from others and I met an advocate to file a case against him for cheque bouncing its a private case. He issued a notice against accused but he's not appearing in the court, even from court they served summons. When I went to court they said that summons not served.

    I don't know what does "summons not served mean" I asked a person he said that may be the accused rejected or shifted his communication address.

    So my question is what do I need to do if he changed his communication address?

    In case if I try to search if I did not find his address, what is the next step to do? Can I request them to send fresh summons with his working contact no.

    Can you please suggest me on this

    Regards,
    Mahesh
    Reply
  • |59.93.217.xxx |2013-05-16 07:27:52 kalyan de  - cheue return
    I had issued a cheque for Rs 604 and it was retunred with comments.
    IMAGE NOT CLEAR. I can't follow what it means neither was the bank
    clear. I haven't got the concerned cheque back yet
    Reply
  • |182.68.119.xxx |2013-05-17 06:53:46 jagjeet ahujaagjeeta  - cheque bounce case
    sir,
    please help me as i had filed a case against a cheque bounce case 3 years before under section 138 but till now summons are not been served to the accused.what should i do now.so many times summons have returned un attended. i had asked the judge to give the dasti orders but he has not issued.this one case is enough or i will have to file another case as a civil suit to claim the funds . i will b highly thank ful to you.ase guide me
    thanks.
    jagjeeet ahuja
    Reply
  • |203.192.237.xxx |2013-05-22 08:38:53 Bubby  - CHEQUE PAYMENT IS STOPPED BY DRAWER
    I hv received the PDC of 31jan 2013 from client on dated 26/12/2013 but they were contiously requesting not to submit the cheque till march 15 then after follow with the client i hv presented cheque in the bank but my cliient instruct the bank to stop the payment n the cheque is unrealised ON 22/4/2013 by the reason of 'STOP PAYMENT BY DRAWER.'

    Then I hv sent the 2 notice (NAME OF THE COMPANY N 2 On the name of the Director) to client on 18/4/13 by speed post but now it is showing the speed post tracking undelivered. Now it will come back to us n notice period date is already completed as it is bounced on dated 22/4/13

    Pls suggest....what we should do now???
    Reply
  • |203.192.237.xxx |2013-05-22 08:45:51 BUBBY  - cheque payment stopped by Drawer
    Sorry in my earlier msg...date was wrongly typed........................ I hv received the PDC of 31jan 2013 from client on dated 26/12/2012 but they were continuously requesting not to submit the cheque till march 15 then after follow with the client i hv presented cheque in the bank but my cliient instruct the bank to stop the payment n the cheque is unrealised ON 22/4/2013 by the reason of 'STOP PAYMENT BY DRAWER.'

    Then I hv sent the 2 notice (NAME OF THE COMPANY N 2 On the name of the Director) to client on 18/5/13 by speed post but now it is showing the speed post tracking undelivered. Now it will come back to us n notice period date is already completed as it is bounced on dated 22/4/13

    Pls suggest....what we should do now???
    Reply
  • |125.19.102.xxx |2013-05-22 09:07:32 jitendra  - regarding help
    sir , my one cheqe presented in court amount is 70000 in it , two year gone i m ready to pay cash to party but party not accept it say if you want to finish case pay me 2 lakh rs. , if there any act i pay in court the amount with interest to reslove my problem , ya i apel any other court sir ,
    Reply
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Last Updated on Wednesday, 25 May 2011 16:24
 

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