Procedure to file case against a bounced cheque issued by a Company/Firm

dashingguy5452 21 Jul 2012, 14:52

Hello everyone,

I want to tell you that i received three 3 cheques of Rs.50,000 each (i.e, a total of Rs.1,50,000) from the company i was working for. I put those 3 cheques for clearance and now they got dischonoured.This company is a very very small company and also they have an account with a small co-operative bank.I belong to delhi and the bank is located in maharashtra. The cheque got dishonoured and came back to my postal address after 20 days from the date when i put them for clearance.

I came to know that i need to issue notice within 30 days from the receipt of the information of dishonour of cheque to the company.

Now, the thing is that the company has moved from the location where it used to be earlier. I am not aware of the new address nor am i getting any information about the same. The company’s account is still active as my cheque got dishonoured and reason was mentioned as ” Insuficient funds ”. One more point i would like to mention that the company’s email address is also working fine and he also told me that he read my mail, so that confirms the mail is working fine.

Also i have been interacting with the owner directly and he has been giving me false assurance from a long time. I have made about 100 calls to him for the same. He has been giving excuses all the time. He sometimes cuts my call or doesnt receive it or even sometimes pick up n doesnt speak.

Now, the thing is that i dont have his personal address nor do i have company’s new address. How shall i proceed with the same? How shall i send him a legal notice . Will a legal notice on company’s email address do ?

Please reply asap, I got the dishonoured cheque on 10/7/2012, it has already been 11 days

Thanks and regards

Raj

5 Replies

pooja007.joshi 1 Aug 2012, 05:40

Hi,

You have to send a legal notice to the company in due course and make them a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque,

The period has been extendedfrom 30 days to 59 days of the receipt of information from the bank regarding the return of the cheque as unpaid.

So, you can send them a legal notice.

Regards,

Pooja Joshi

Advocate

dashingguy5452 27 Aug 2012, 14:59

Hello everyone,

I sent the notice to this person on 30th of July. Now after so many calls and insisting him so much he has sent an e-mail to me from his official email address stating the he will start paying me the amount on 15th september and will pay me the rest amount till 15th october.

What i get is that he is delaying the process by doing this? Please suggest me that shall i now do a FIR against him and continue with the process of filing a case against him?

Its going to be 30 days now , since the time i sent him the notice …

Please suggest me further proceedings ,

Thanks in Advance

AnonymousLLB 28 Aug 2012, 07:33

Hi,

I think that if you don’t file complaint within the period of 30 days and the company’s owner stating through email that he wants time for paying the same amount then you can wait for some time. If he won’t pay the said amount of cheques then you need to represent the same cheques again for clearance and if they dishonor again,your time limit will start from the date of second time dishonor. Further you can take advice from your advocates.

madhu1977 9 Sept 2012, 10:52

Respected sir,

First issue the notice the file and case with the existing address and then you can update the address later.

File it before the limitation period.

With Regards.,

M.Madhu Prakash

900 312 4444

AnonymousLLB 23 Nov 2013, 09:42

I have been frauded by a company M.D, He was suppose to pay me 80K,

I had filed a complaint in near by police station.he appeared befor Sub Inspector and he said he will pay the amount, for that he had given an cheque dt 15.2.12, it go bounced on 17.2.12.

Again i approached police station, that guy had send his manager and provide a written statement,that they will provide money in 2-4 installments.

against that i had received 39 K , still 41 K is pending.

Whenever i am approaching him, he is making a false promise or he escalates without paying that money.

The amount of 1.50 Lacs was given to him in FEB 2009, still i have to received 41K from him as on NOV 2013.

due to this i have lost a lot money by paying interest, this makes me to feel much and my family situation is more critial now, I couldn’t arrange funds for my fathers operation.

how to get the money from him.

please reply to me a copy in this mail id : (monuettan[at-the-rate-of]gmail[dot]com)

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