Legal Question in Credit and Debt Law in India

Dear Sir,

I transferred an amount of 1 lac to my friend through online banking on 25 Apr 2012.

He had given me a cheque for date25 Sep 2012 for the same amount.

But the cheque bounced because of insufficient funds and no information was given by the branch at which I had deposited the cheque.

When I enquired & got the bounced letter & cheque period of 1 month passes in which I could file a legal case against him. As per advice of a lawyer I tried to deposit the cheque again but it was not accepted due to out of date.

Now I'm in confused & dumped situation.

I'm in continual stress that how'll I get my money.

Please help me what can I do...


Asked on 6/17/13, 12:29 am

2 Answers from Attorneys
Yash Kumar Yash Kumar & Co.

Dear Sir,

You can file recovery suit on the basis of Electronic Transfer and the Bounced Cheque after depositing the requisite court fee. The Summary suit under Order 37 C. P. C. may take less then Six months. For further assistance you can contact me on my mobile 08750228171.

Thanks

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Answered on 6/17/13, 12:56 am
Fca Prashant Chavan Expert Edge LLP

17.06.2013

Dear Sir / Madam,

Although the time limit of 30 days for filing a recovery suit under Section 138 of the Negotiable Instruments Act has already passed, you can still file Simple Money Suit or Money Suit under Order 37 of the C.P.C. for the recovery of amount involved in the Dishonored (dishonoured, bounced) cheque.The time limit for filing this suit is three (3) Years from the date mentioned in the Dishonored (dishonoured, bounced) cheque.

Regards,

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Answered on 6/17/13, 6:00 am


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