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Bounced cheque, need legal help

Legal Issues & Help
mac007 12 Mar 2012, 07:53

Hi

My father lent 30000 Rs. to his friend and he promised him to return it within a month, and he gave him a cheque on 28/12/2011 and it got bounced due to insufficient balance in his account …after several months of excuses he told him to deposit the same cheque again but now he is giving him excuses that he is in talk with branch manager of icici bank regarding the cheque no. or date…but i’m thinking that he’s faking again this time.

So i want a advice on this, should i deposit the cheque in bank and if it got bounced again. What kind of legal action can i take and what is the procedure.

Thanks.

3 Replies

AnonymousLLB 12 Mar 2012, 11:25

You can proceed under section 138 of the negotiable instruments act. Also since the person concerned is your dear fathers friend and you think it may not be advisable to have a penal sanction against your uncle you may also file a civil suit for recovery.Be sure that your applications are not barred by limitation.

Please note that as the court procedures are tedious and longdrawn, it would be advisable if you could avoid the same. for a sum of 30,000 you may end up spending almost the same amount for legal assistance without even seeing any glimpse of a recourse. Ultimately its your call!!!! If I were you I would elope with your uncles daughter or kidnap his pet to take out the money from him…but thats just me…

bharataseri 13 Mar 2012, 13:35

yes of course You can proceed under section 138 of the negotiable instruments act.

and Also since the person concerned is your dear fathers friend and you think it may not be advisable to have a penal sanction against your uncle you may also file a civil suit for recovery.Be sure that your applications are not barred by limitation. according to the rule of law it’s will help so don’t depress and you may end up spending almost the same amount for legal assistance without even seeing any glimpse of a recourse.

mac007 13 Mar 2012, 13:51

[quote=“bharataseri” post=4520]yes of course You can proceed under section 138 of the negotiable instruments act.

and Also since the person concerned is your dear fathers friend and you think it may not be advisable to have a penal sanction against your uncle you may also file a civil suit for recovery.Be sure that your applications are not barred by limitation. according to the rule of law it’s will help so don’t depress and you may end up spending almost the same amount for legal assistance without even seeing any glimpse of a recourse.[/quote]

Thanks guys for your suggestion…I deposit the same cheque again in bank, hope this time it get cash.If it got bounced again, i’m thinking that i would issue a notice under section 138 to threaten him for legal action…

#legal advice for free: I’ll go with the option suggested by you…but he don’t have any girl :-/

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