Legal Question in Credit and Debt Law in India

Outstanding Payment & Bounced Cheque

One of my clients has to pay us over 3 lac against which he had issued a cheque for 1 lac. The cheque was issued but whenever I asked for the payment I was told to hold on for some time. Finally after asking a number of times for the payment I deposited the cheque before completion of 6 mths and it was returned from bank with insufficient funds message.

What cource shall I take to recover my money


Asked on 2/07/08, 9:45 pm

3 Answers from Attorneys
Sachin Sangare Private Practise

Re: Outstanding Payment & Bounced Cheque

Approach a good advocate. Send a notice of demand for dishonured amount by notice through RPAD & UCP to the party within 30 days of receipt of intimation of memo from Bank. If, within 15 days of the receipt of the demand notice, the other party does not pay, than file a complaint u/s 138 of the NI Act before the Magistrate. The Complaint must be filed within 30 days after the completion of 15 days demand period is over.

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Answered on 2/07/08, 10:02 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Outstanding Payment & Bounced Cheque

You may send a legal notice of demand of amount which was dishonoured through a RPAD and UPC if the party does not reply or is not ready to pay then file a complaint under section 138 of the NI act.

In case of need please contact alonwith the cheque details.

Professional charges are applicable.

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Answered on 2/08/08, 5:14 am

Re: Outstanding Payment & Bounced Cheque

You may file complaint u/s.138 N.I.Act and can also file summory recovery suit.

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Answered on 2/09/08, 10:57 am


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