Legal Question in Banking Law in India

Whats' the legal action against cheque bounce case

As I had received a cheque from a party but it has been bounced at the bank due to insufficient funds. What is the legal action against the party so that I can get back my amount? Please suggest me what should I do? When I noticed the party about cheque bounce he refused to pay me and told that legal action would be admissible only when the cheque bounced three times, isn't it true? I have been too much harassed by the party for last four months. Please suggest me soon ...Thanks and Regards.

Asked on 2/19/08, 11:39 pm

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates
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Re: Whats' the legal action against cheque bounce case

Issue him a legal notice u/s 138 of the NI Act and then file a complaint in the court.

Please consult a lawyer.

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2/20/08, 6:41 am
Siddharth S. IndJurist
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Re: Whats' the legal action against cheque bounce case

File complaint u/s.138 NI Act and proceed with the matter.IT is advised to consult your lawyer.Rest is not correct.You may also file recovery suit relating to cheque which shall be apart from your complaint u/s.138 NI Act.So,go ahead.

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2/20/08, 11:22 am
Corpus Global Corpus Global
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Re: Whats' the legal action against cheque bounce case

You can take proceeding under Section 138 of the Negotiable Instruments Act. For that you should start with a legal notice, which has limitations. Kindly contact us through E-Mail with all relevant details for further legal advise. Professional charges do apply.

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2/24/08, 12:12 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates
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Re: Whats' the legal action against cheque bounce case

You should not have waited so far. even if chq is bounched for first time and the party refuses to pay you proceedings u/s 138 of ni act can be filed against him in the court of law.

There are limitation periods for filing of cases(disputes)in the court of law.

if possible contact me personally.

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2/22/08, 8:39 am

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