Legal Question in Criminal Law in India

Dear Attorney

I gave a sum of nearly 12, 00,000(Twelve lakh InR) through bank to bank online transfer to one of my family friend who also is a colleague of mine in a IT MNC .We both work for the same company .It has been more than an year over that he didn�t return the money and on 15th Aug 2013 I asked him to issue me a cheque for the same amount which got bounced on Nov 8th 2013.

After that he was repeatedly asking for time inorder to repay the money back despite my continuous requests with him for returning my money .Just because I didn�t want to spoil his career I was waiting for him to return the money but it never happened and I was holding the cheque without filing either any complaint . Recenlty I insisted him to issue me a fresh cheque for the same amount and he is denied to issue me a fresh cheque for the same amount .I would now want to file a criminal complaint rather than a civil complaint against him because I am assuming a criminal complaint would be effective than a civil to retrieve my money.

Can I proceed with the existing bounced cheque to file a criminal case against him? Kindly guide me in this matter.

Thankyou

Ramesh


Asked on 3/01/14, 9:45 am

2 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

if the cheque is within validity period you can represent the cheque. otherwise it is advisable to file a civil suit under order 37 which will be a summary trial. for further query contact 9312411481.

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Answered on 3/01/14, 5:37 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your statement is not complete. Please read section 138 of Negotiable Instruments Act and find out if your remedy of criminal complaint is still available keeping into view the dates of check bouncing and your demand notice, if any.

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Answered on 3/03/14, 6:22 am


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