CHEQUE BOUNCING CASE

Sir I am running a SME unit at Ambattur . With great difficulty we are getting orders .On supplying the materials , most of the customers not releasing the payment for more than a year . Payment issued through Cheque bounces many time , and the customers are least bothered. In my case my customer has to pay 7.70 Lac and the cheque given was 2.0 Lacs and got bounced . If I file a case against cheque bounce , they will not clear the remaining payment of 5.70 Lacs. . In this case how we can file a case . After GST , it is becoming more worse . On supplying the materials / invoice raised , supplier needs to pay the GST amount . Where as Customer will not pay in time. As a system , supplier has to pay the GST and wait for the Payment , Because of the customer payment getting delayed , SME units are not in a position to pay the GST and getting penalised, In addition to that , we need to pay interest. Is there any system / legal procedure to set right this issue . Very bad situation for the SME. One more case , cheque returned two times , legal notice issued and no response from the customer. Now filed a civil case spending money to the court and to the lawyers .We dont know when this case will be cleared. In my view , any cheque bounce , court should suggest the bankers to release the fund for the cheque returned , prior to further transaction . This method is being followed for government sectors For Example , If there is any VAT not paid , Sales tax dept send notice to the bankers to block the account and ask them to transfer the fund immediately or block the account for pending payment. On receipt of letter from sales tax office ,the bankers will deduct the money in the accounts with out any customer concurrence . If this system applicable to Government, then why not the government impose such procedure to the individuals for cheque bounce Hope , this can be implemented. Or Govt should should take necessary arrangements to settle the amount and deduct from the bank directly more  

You may Appeal against the Present Order as there is clear-cut directives from SC & HC. Pl. Ref. recent case law of SC & HC where in special emphasis is made on recovery as well as Compensations. Minimum of 1 year Imprisonment with 200% Penalty &/or compensation is the limit. Pl. ref. Abdul Sattar Case. No doubt you had already suffered a lot but it is worth to make appeal. Good case to fight for. more  

This remedy is of little help in cheque bounce cases. If the judgement debtor is not paying back the money to the judgement holder then the problem arise. If J/D has some amount of status & reputation in the society, the belief is that, he would return the money. Normally if a reputed person's cheque is bounced he would make all efforts to pay back the money to avoid any disrepute o him. Recovery from rogues and ill-repute persons will be troublesome because they dont have anything to lose and also the J/H has to pay for his subsistance during the period of imprisonment. This is a kind of double jeopardy. more  

Why cant you write a open letter to Supreme court Judges since all cases are Public document. more  

what about the hearsay that this is now a criminal offence ? more