Legal Question in Banking Law in India
My Tenent issued a cheque of 11,500.00 in the month of April 2010 however the cheque was bounced citing signature mismatch. We got this information of bounced cheque in July 2010. We we informed him of this he is not willing to pay the amount as he has already shifted to another place. Please advice what legal action can I take on him
3 Answers from Attorneys
most important is the mode of informing him. whether done orally or in writing. If in writing, the period of filing criminal complaint seems to be over. In that case your only remedy would be to file civil summary suit for recovery of the amount. However, if you just informed him orally and not in writing, you may re deposit the cheque and this time after bounce inform him in writing and within time frame file the criminal complaint
If you have not followed up within the time by issuing demand notice and filing a complaint within a month from the date of expiry of 15 days of service of notice, you can only file a civil suit for recovery.
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