Legal Question in Credit and Debt Law in

i had purchased kitchen appliances from a supplier and paid him but the appliances were not of the standard quality which i communicated to the supplier.

he agreed for the same and issued me cheque for the payment made by me . But the cheque got bounced as he had a given a stop payment instruction at his bank. What course of action can i take against him ?


Asked on 1/24/11, 7:11 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

You have two options, civil as well as criminal remedy. Under Civil remedy you may file a summary suit under order 37 CPC for recovery of the amount with interest within three years of the date of the cheque. For this, you will have to pay court fee depending upon the amount of the suit. Under criminal remedy, you have to issue legal notice within one month of the dishonour of the cheque giving the party 15 days time to make payment of the cheque amount. If payment is not received, then you have to file criminal complaint within 30 days of date of expiry of period of 15 days (in a way within 45 days of the date of receipt of notice)

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Answered on 1/24/11, 8:42 am


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