Legal Question in Civil Rights Law in India

sir i had given a buisness loan to a known person on an agreement of t&c on a 100 rupee stamp paper and a postdated cheque against the payment now after the date of payment(as mentioned in the agreement) the person is not responding positively i have deposited the cheque and it as being dishonoured can i file a case under section 138 against him and is the offence bailaible.


Asked on 6/12/10, 10:50 pm

1 Answer from Attorneys
VELAYUTHAM RAJKUMAR

When cheque is bounced and you want to file complaint under section 138, you need to send him legal notice within 30 days of bouncing informing dishonor of cheque and requesting to pay within 15 days of receipt of notice. If within 15 days of notice party fails to give you the cheque amount, you may file complaint with MM within 15 days.

it is important what you want to do? whether you want to file suit which is of civil nature or summery criminal case which is quasi civil...for civil suit ...limitation period is 3 years from.

Before going for legal action, issue show cause notice...before legal litigation try to resolve the issue with mutual understanding. if not getting success, then ask your lawyer to issue a show cause notice to him and after 45 days of such notice you can put your case to court,

More Details : www.wisdomlawfirm.com

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Answered on 6/14/10, 12:17 am


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