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Author Topic: Cheque bounce  (Read 1020 times)

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Offline Saleem

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Cheque bounce
« on: October 01, 2015, 01:03:01 PM »
i had given a loan to a friend of 7,50,000/- n also made an agreement for that loan
Agreement period expired on April 2015 n i asked him to return my amount
He told me to give me 3 months time as mentioned in the agreement
later he refused to give the money but eventually we had a compromise amone mutual freinds n told me he will return my amount in 2 installments n will give cheque for that amount
he gave me cheque for 3,75,000 dtd 17.09.2015 n 2nd cheque on 17.11.2015
Now when i deposited the cheque it is bounced
what can i do now to recover my money
i also came to know that the account no longer exists neither the firm
how cani claim me amount . pls help me

Offline adv.amarnath

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Re: Cheque bounce
« Reply #1 on: October 01, 2015, 10:04:22 PM »
It will not be proper to advice you without seeing the Agreement between you and your friend. The spirit of agreement will determine which procedure you will adopt. Cheque bound can be treated under NI act but you have another option to file a money suit against your friend.

In case of 138 you have to send a statutory notice to give him within 30 days from the date of knowledge of cheque bounce/ intimation from the bank authority. You can file a compliant case against him after expiry of 15 days from the receipt of the said notice by your friend. But in NI act chances of recovery of money always less rather suit for recovery of money still have chance to get back by attachment of his properties.

If you need any further clarification in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline anskan

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Re: Cheque bounce
« Reply #2 on: November 05, 2015, 08:13:59 AM »
mam mera  friend ne mujhe 1 lack rs in january 2014 for madical help ke liye diye the aur date time koi condition nhi rakhe the par ek month baad uska kehna tha ke vo mujhese 10% intrest lega us paiso par jo ke date time nhi bataya tha maine unko march starting mai 50k by cheq louta bhi diye the par unke  10% intrest ke chalte mai unke paise nhi louta pa raha tha par intrest deta ja raha tha lakin aaj 05-11-2015 ko mera paas cheq bounce ka notice aaya hai vo bhi pore 1 lack maine unse baat ke to vo bolte hai nhi maine tumko january mai 1 lack diye the vo bhi 2015 mai aur notice mai cheq dane ke date 10-10-2015  bataye gaye plz mare help kare ke mai ab kya karu mera paas sirf yahi proof hai jo maine inko 50 k diye the uska bank statement plz advice me

Offline advmisthi

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Re: Cheque bounce
« Reply #3 on: November 05, 2015, 08:54:39 PM »
at the time of making payment since no agreement was entered into you are not responsible to pay interest on it. but yes the amount paid to you, that amount you have to return
Adv.Misthi Mukherjee
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