dishonour of cheque

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

01 August 2010 What can I do when a cheque is dishonoured for the reason of insufficient funds. What legal action I can take to get the amount cleared?

CA Sanat Pyne

CA Sanat Pyne (Expert)
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01 August 2010 . On the dishonour of a cheque, one can file a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 ( which is a summary procedure and) can also file a Criminal Complaint u/s 138 of Negotiable Instrument Act for punishment to the signatory of the cheque for haring committed an offence. However, before filing the said complaint a statutory notice is liable to be given to the other party.