Asked in Cheque Bounce
Hi, In addition to the cheque bounce case, you can also institute a civil suit against him for money recovery. A complaint can also be made to the police.
Yes, you must send a legal notice to the defaulter upon cheque bounce. The legal notice must be sent through the registered post within 15 days of the cheque bounce and the receipt of the same must be retained by you for the purpose of proof. If the accused does not make the payment within the stipulated time, a complaint under section 138 can be filed against him in the court within 30 days after the expiry of the 15 days period after the service of notice.
Yes you may prosecute. But for 138 NI Act prosecution, you have to give notice within 30 days from dishonoring cheques.
The money You transferred to his account and lend him is a legally recoverable debt. And in the process of returning the cheques issued for the purpose was dishonoured. And it is important to note that if the cheques in question were dishonoured for pausity of funds you can can take recourse to get the money recovered thorough the process of Section 138 of Negotiable Instruments Act. So follow the process and recover your money. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.
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