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Kapil Jain
in Criminal Law Banking Law
Asked September 05, 2017

Cheque edited by share broker and eventually bounced

  • 2 Answers
  • 235 Views

I had given a cheque of 10000 to a my share broker on 01.07.2011. He edited cheque as 110000 and bounced it. And he had send notice me by a lawyer. I had already given him 90000 against him because I had to pay .But one day I saw my bank statement,in the statement there is no any penalty regarding this bounce cheque .Means cheque is not deposited in the bank. Now I am telling him I wanT a photocopy of that cheque so he was telling that your cheque is in high court, sir it is possible? Please sir advise me now what to do?

Answers 2

Respected Sir

You can File the Case of Cheating and Forgery on the Basis of the Legal Notice.

There is No Possibility of the Cheque is Deposited in the High court.

Better Advice can be given you only after having detail discussion with you., as there are many possibilities.

It is Always Better if you are clear about your Location while putting the Query.

For further discussion & information about your case feel free to Contact on

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Adv.Shuchi Agarwal

Agree Comment 0 Agrees over 3 years ago

 

 

 

Dear Sir/madam,

Just to inform you about the legal procedure involved in cheque bounce cases under the mandate of Section 138 of the Negotiable Instruments Act, 1881 – a cheque once returned by the bank for funds insufficient etc. needs immediate attention. Whereby the holder of the cheque needs to issue notice/information in the name of the writer of the cheque to write a new cheque or clear out the confusion whatsoever. Failure of which invites a legal notice service from the end of the creditor as agains the defaulter. This legal notice gives a time period of 30 days to repond – failure of which needs filing a suit under section 138 – cheque bounce.

Had that cheque been deposited in the court, you were liable to get a summons from the court to appear in front of the concerned judge. And now it obviously cannot happen, because as per the facts – cheque was dated 2011 – the suit cannot be filed. It is barred by the time limitation. The time to file a case under section 138 has elapsed.

Agree Comment 0 Agrees over 3 years ago

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