Cheque Bounced, Which Is Given By Builder As A Lease Agreement

Asked in Cheque Bounce

  • ***********a

    Greater Noida

Expert's Answers(5)

  • Advocate Abhimanyu Gurawalia

    Patli Hajipur, Haryana
      60 Client Ratings

    first of all sent a legal notice as time period is 30 days after bounce after notice file a complaint for more you can consult me.

    June 16, 2020
  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, Now a days to recover money through cheque is easiest method. Please approach any advocate. Please give me Rank 5 and Review my Resume and Follow me if my answer satisfies you

    June 16, 2020
  • Sujata siripuram

    Srikakulam, andhrapradesh
     

    U can file a cheque bounce case against the builder

    June 16, 2020
  • Advocate Mohit Adarsh

    New Delhi, Delhi
      5 Client Ratings

    Dear Vikas As per negotiable instrument act provisions, if any cheque presents for encashment and the same gets dishonoured due to insufficient fund or instructions of stop payment by drawer then latter is liable for criminal punishment/Double fine if the cheque amount. If you got any information of cheque bouncing from your bank what you need to do is send a legal notice demanding dues amount through an advocate within 30 days from such dishonouring and wait up-to 15 days. If drawer doesn't give any reply to your demand notice then you become entitled to file a criminal complaint at concerned judicial court of your area/district. For Seeking further details kindly contact me.

    June 16, 2020
  • Advocate Gopal Verma

    Delhi, Delhi
      3 Client Ratings

    These cases are very common in various Courts of India and Supreme Court of India. I have dealt with such cases in Supreme Court. The dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. When a cheque is dishonoured, the drawee bank immediately issues a ‘Cheque Return Memo’ to the banker of the payee mentioning the reason for non-payment. The payee’s banker then gives the dishonoured cheque and the memo to the payee. The holder or payee can resubmit the cheque within three months of the date on it, if he believes it will be honoured the second time. However, if the cheque issuer fails to make a payment, then the payee has the right to prosecute the drawer legally. The payee has to sent the notice to the drawer with 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. You may contact my secretary to connect with me for clarification. I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

    June 16, 2020