What Can You Do?

A bounced cheque doesn’t mean you’re stuck. Legal Light Consulting can help you take action. Here are your options:

1. Criminal Case (Negotiable Instruments Act)

You can file a case under the Negotiable Instruments Act, 1881, which covers cheque bounce issues, even for stop payments.

• • Key Laws:
    • • Section 138: Punishes cheque dishonor, including stop payment cases.
    • • Section 117: Rules for compensation.

• • Where to File: Near the bank branch that returned the cheque (e.g., UCO Bank, Supreme Court area, New Delhi).

• • Time Limit: Send a legal notice to the drawer by February 8, 2025 (within 30 days of January 9, 2025). If you missed this, you could re-present the cheque within 90 days of its date to restart the process.

• • Process: The court can handle this quickly, and you might get temporary compensation during the case.

2. Cheating Case (FIR)

If you think the drawer cheated you by stopping payment, you can file a police complaint under the Bharatiya Nyaya Sanhita, 2023 (Section 318).

• • Where to File: Same jurisdiction as above.

• • Time Limit: File before January 9, 2026 (1 year).

• • Process: The police will investigate, and the court will decide.

3. Breach of Trust Case (FIR)

If the drawer broke your trust by stopping payment, file a case under Section 316 of the Bharatiya Nyaya Sanhita, 2023.

• • Where to File: Same jurisdiction.

• • Time Limit: File before January 9, 2028 (3 years).

• • Process: Similar to the cheating case, with police involvement.

4. Mediation

You could try settling this outside court through mediation under the Mediation Act, 2023.

• • Steps: Send a notice (required), then start mediation.

• • Time Limit: Must finish within a set time (ask a lawyer for details).

• • Benefit: It’s quicker and less stressful than court.

5. Recovery Suit (Civil Case)

File a civil case under the Civil Procedure Code, 1908 (Order 37) and the Indian Contract Act, 1872 (Section 73) to recover your money.

• • Where to File: Same jurisdiction (High Court of Delhi due to the large amount).

• • Time Limit: File before January 9, 2028 (3 years).

• • Court Fees: Around Rs. 9,78,344.

• Process: The court can order the drawer to pay you back, plus damages.

• Key Tips

  • • In your complaint, only include details of the transaction tied to the cheque.

  • • If the drawer says they don’t owe you, you’ll need to show your proof (agreement, invoice, messages, etc.).

  • • The law assumes the drawer owes you unless they challenge it. If they do, and they bring evidence, you’ll need to prove them wrong.

  Courts have sometimes ruled for drawers when the receiver couldn’t back up their claims. Good evidence is your strength.

  Why Legal Light Consulting?

  Legal steps can be tricky, especially with a huge amount like Rs. 10 crore. At Legal Light Consulting, we:

  • • Help you choose the best path (criminal, mediation, or civil).

  • • Keep track of deadlines and paperwork.

  • Build a strong case for you.

  Final Words

  This article is for general understanding, not legal advice. Laws can vary, and every case is unique. For expert help with your cheque bounce issue, reach out to Legal Light Consulting. Our experienced lawyers can guide you to recover your money smoothly.

  Disclaimer: Legal Light Consulting is not responsible for any mistakes in this article. Always consult a professional lawyer for advice tailored to your situation.