Bounced cheques to filed at the place of issue
Sir, under Section 138, prosecution could be raised for recovery in case of bounced cheques. But the law says the case to be filed at the place of issue of the cheque which nothing but adding fuel to the fire and assisting a criminal. It was amended recently that cases could be filed where the cheque got bounced. M/s. Unitech's cheque issued to me bounced on presentation with my local bank. Can I file a case under Sec 138? What is the time limit? How to file? Will any advocate assist me of this forum from Bangalore where I reside. Please help. Regards.
Krishnan more
Krishnan more
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There are time Limitations i.e. once the cheque is Bounced within 30 days you have to issue the NOTICE for recovery calling payment in cash. After 30 days within 15 days therein after you have to file the case. In case of delay - the first and foremost is the Waiver of / Con-donation of delay, caused. Once the delay is condoned by the Court - your case will get registered/Accepted. You have to support the delay causes. Alternative to all above - if the payment is made as Investment Or Deposit - your option for Consumer Forum/Commission is open to you wherein the delay /Time limit as aforesaid does not applicable. more
Jan 27
Thank you Ravi Sir. I will be contacting on your mobile phone shortly. I stay at Bangalore. Krishnan more
Jan 19
Dear Mr. Krishnan, Consumer complaint is not maintainable as your case falls the 'commercial purpose' as per Section 2 (1) (d) of the Consumer Act, 1986. However, you can file Suit for recovery before the civil court. The alternative remedy under the NI Act is also available to you for which you can consult through my mobile 09868448692 more
Jan 18
Mr. Ravi Gopal Sir, by the time the amendment came in favour of the loser, the time limit of one month to file the case under sec 138 is lost. Can I go ahead with Consumer court for redressel regarding non payment of interest on my FD with Unitech as cheque issued by Unitech got bounced and to return my principle? Can you please help me for legal action or can you refer my case to some legal expert? I always use to say when the world was asleep India woke up to freedom on 15th August, 1947 which indicates none were holding or entitled to hold assets. Then some people became so rich; probably by cheating others as Unitech cheated me after reaping profits from investors like me. It was hard earned retirement benefits I invested for my daughter's marriage. Thanks and Regards,Krishna more
Jan 18
