Archived forum thread. This discussion is preserved for posterity from the Legally India Topical forum and is no longer active.

Cheque Bounce case for Rs 10,000?

AnonymousLLB 27 Nov 2011, 18:07

I sold my expensive mobile phone to a friend for 10,000 and he did not pay me after pressuring him a lot he gave me a cheque which bounced because the signature did not match. i asked him about it but he dose not seem to be interested in paying the amt… so can i take legal action against him.. or is the ten thousand amt small.. to make a legal complaint… let me know..

1 Reply

AnonymousLLB 30 Nov 2011, 16:29

yes, you can take a legal action against him under sec 136 of negotaiable instrument act. The loss might be what ever, could be 10 or 10000. you are entitile to get the action suit filed and can also claim the general damages..

you have 2 options..

you can go for specific performance(civil suit).. claiming amount only ..

CPC, Sale of goods act, negotiable instrument act can be used for your claim.

or getting your frieng punished under ciminal procedure code with 420 and others :ohmy:

CrPC, Sale of goods act, negotiable instrument act can be used for your claim and punishment for your freind, if he delabratly did it.

one thing you need to keep in mind.. proving your claim might take some time..