What Can You Do?

A bounced cheque doesn’t mean you’re out of luck. 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 bounces, even for signature mismatches.

• • Key Laws:
    • • Section 138: Punishes cheque dishonor, including signature issues.
    • • 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 your friend by February 16, 2025 (within 30 days of January 17, 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 fast, and you might get some money while the case is ongoing.

2. Cheating Case (FIR)

If you think your friend tricked you with a bad cheque, file a police complaint under the Bharatiya Nyaya Sanhita, 2023 (Section 318).

• • Where to File: Same jurisdiction as above.

• • Time Limit: File before January 17, 2026 (1 year).

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

3. Breach of Trust Case (FIR)

If your friend broke your trust by giving a cheque that couldn’t be cashed, file a case under Section 316 of the Bharatiya Nyaya Sanhita, 2023.

• • Where to File: Same jurisdiction.

• • Time Limit: File before January 17, 2028 (3 years).

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

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 (District Judge’s court).

• • Time Limit: File before January 17, 2028 (3 years).

• • Court Fees: Around Rs. 51,144.

• Process: The court can order your friend to pay you back, plus extra for your trouble

Key Tips

• • In your complaint, only mention details about the loan tied to the cheque.

• • If your friend says they don’t owe you, you’ll need to show your proof (promissory note, messages, witnesses, etc.).

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

Courts have sometimes ruled for the person who wrote the cheque when the receiver couldn’t back up their story. Good evidence is your power.

Why Choose Legal Light Consulting?

Legal steps can be confusing, especially with Rs. 50 lakh on the line. At Legal Light Consulting, we:

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

• • Manage deadlines and paperwork for you.

• Build a strong case to get your money back.

Final Words

This article is just for general understanding, not legal advice. Laws can vary, and every case is different. For expert help with your cheque bounce problem, contact Legal Light Consulting. Our experienced lawyers can guide you to recover what’s yours without the stress.

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