Cheque Payment Dispute Resolution

Summary

If a cheque is dishonored due to a stop payment, issue a legal notice within 30 days. If unpaid within 15 days, file a complaint under Section 138 of the Negotiable Instruments Act, 1881. If the issuer claims cheque book loss, gather evidence of consent and witness statements. Witnesses should provide written statements confirming the issuers agreement to issue the cheque. File the complaint in court with all evidence, including witness statements, bank memos, and legal notices.

Full Conversation

he is not interested in repay me
It sounds like your friend has defaulted on a payment obligation. In Telangana, you can take the following steps regarding a dishonored cheque:
- Issue a legal notice to your friend within 30 days from the bounce date.
- If no payment is made within 15 days of the notice, you can file a complaint under Section * of the Negotiable Instruments Act, *.
Have you already sent a legal notice to your friend?
no cheque bounced today
It seems like your friend has stopped the payment, but the cheque hasn't bounced yet. Here’s what you can do:
- Wait for the cheque to be presented and officially bounce.
- Once it bounces, you can issue a legal notice within 30 days.
- If no payment is made within 15 days of the notice, you can file a complaint under Section * of the Negotiable Instruments Act.
Do you have any other details or questions?
today cheque returned to me
If the cheque has already been returned due to a stop payment, you can proceed as follows:
- Issue a legal notice to your friend within 30 days from today.
- If no payment is made within 15 days of the notice, you can file a complaint under Section * of the Negotiable Instruments Act, *.
Do you need assistance with drafting the legal notice?
yes
You can proceed with drafting the legal notice to your friend. Here's what you should include:
- Details of the cheque (number, date, amount)
- Statement that the cheque was dishonored due to a stop payment
- Demand for payment within 15 days
- Mention that legal action will be taken under Section * of the Negotiable Instruments Act if payment is not made
Would you like a template for the legal notice?
yes
Here's a template for the legal notice:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
[Friend's Name]
[Friend's Address]
[City, State, ZIP Code]
Subject: Legal Notice for Dishonor of Cheque
Dear [Friend's Name],
I hope this letter finds you well. I am writing to formally notify you that the cheque bearing number [Cheque Number] dated [Cheque Date] for the amount of [Cheque Amount] issued by you in my favor has been dishonored due to a stop payment instruction.
As per the provisions of Section * of the Negotiable Instruments Act, *, you are hereby required to make the payment of the said amount within 15 days from the receipt of this notice. Failure to do so will compel me to initiate legal proceedings against you.
Please treat this matter with urgency and arrange for the payment promptly.
Thank you.
Yours sincerely,
[Your Name]
---
Would you like any additional assistance with this process?
legal notice
You can proceed by sending the legal notice to your friend using the provided template.

Telangana State Legal Services Authority


Phone: *-*
Address: City Civil Courts Complex, Hyderabad, Telangana
Website: www.tslanlsa.org

Do you need assistance on how to follow up if your friend does not respond within 15 days?
yes
If your friend does not respond within 15 days of receiving the legal notice, you can proceed with the following steps:
- File a complaint under Section * of the Negotiable Instruments Act, *.
- The complaint should be filed in the court within a month after the *-day period expires.
Would you like more information on how to file the complaint?
can i file FIR in police station
Filing an FIR is not the appropriate step for a cheque bounce case. Here's what you should do:
- File a complaint under Section * of the Negotiable Instruments Act, *.
- This should be done in the court, not the police station.
Would you like more details on how to file the complaint in court?
if friend is not avalible in his present address to take notice
If your friend is not available at his present address to take notice, you can take the following steps:
- Send the legal notice to his last known address via registered post with acknowledgment due.
- If the notice is returned, keep the returned envelope as proof of the attempt to serve the notice.
- Proceed with filing the complaint under Section * of the Negotiable Instruments Act, *, using the returned notice as evidence.
Would you like more information on filing the complaint in court?
yes
You can file a complaint in the court under Section * of the Negotiable Instruments Act, *. Here's what you need to do:
- Gather evidence: The bounced cheque, bank memo, legal notice sent, and returned envelope (if applicable).
- Draft a complaint: Include all necessary details and evidence.
- Submit the complaint: File it in the appropriate court jurisdiction.
Would you like more details on drafting the complaint?
yes
To draft a complaint for filing in court under Section * of the Negotiable Instruments Act, include the following:
- Details of the cheque (number, date, amount)
- Bank memo indicating the reason for dishonor
- Copy of the legal notice sent
- Proof of delivery or returned envelope
- Statement of facts and request for legal action
Would you like a template for the complaint?
yes
Here’s a template for drafting the complaint:
---
Complaint under Section * of the Negotiable Instruments Act, *
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
To,
The Honorable Court,
[Court Name]
[Court Address]
[City, State, ZIP Code]
Subject: Complaint under Section * of the Negotiable Instruments Act, *
Respected Sir/Madam,
I, [Your Name], residing at [Your Address], am filing this complaint against [Friend's Name], residing at [Friend's Address], under Section * of the Negotiable Instruments Act, *, for the dishonor of a cheque issued by him.
*. Details of the Cheque:
- Cheque Number: [Cheque Number]
- Date: [Cheque Date]
- Amount: [Cheque Amount]
*. Reason for Dishonor:
- The cheque was dishonored due to a stop payment instruction issued by the drawer.
*. Legal Notice:
- A legalnotice was issued on [Notice Date], demanding payment within 15 days. The notice was sent via registered post to [Friend's Address] and was returned [if applicable] as undelivered.
*. Bank Memo:
- The bank memo indicating the dishonor of the cheque is attached herewith.
*. Request for Legal Action:
- I request the Honorable Court to take necessary legal action against [Friend's Name] under Section * of the Negotiable Instruments Act, *, and direct him to pay the cheque amount along with interest and legal costs.
Thank you.
Yours sincerely,
[Your Name]
---
Would you need any additional assistance with this process?
friend also filed fir of cheqeu book loss
If your friend has filed an FIR for the loss of the cheque book, it complicates matters.
- Your friend may argue that the cheque was issued without their consent after the loss.
- You should gather evidence like communication with your friend regarding the cheque.
Would you like more information on how to proceed with your case?
how
To proceed with your case:
- Gather all communication evidence with your friend about the cheque.
- Submit evidence showing that the cheque was issued with your friend's consent.
- File your complaint under Section * of the Negotiable Instruments Act, *, in court.
Would you need more details on gathering evidence?
yes
To gather evidence for your case, follow these steps:
- Collect any written communication (texts, emails) where your friend acknowledges the cheque.
- Get witnesses who can confirm your friend's agreement to issue the cheque.
- Secure bank statements showing the cheque issuance and any related transactions.
Would you like more information on presenting this evidence in court?
same appartment flat members are available for evidence
That's great that you have witnesses. Here's how you can use their testimony:
- Get written statements from them confirming your friend's agreement to issue the cheque.
- Ensure they are willing to appear in court if required.
- Include their statements as part of your evidence when filing the complaint.
Would you like more details on how to present these witness statements in court?
yes
To present witness statements in court:
- Draft written statements from your apartment flat members.
- Ensure statements are clear, mentioning the date and context of your friend's agreement to issue the cheque.
- Have the witnesses sign their statements.
- Submit these as part of your evidence when filing the complaint.
Would you like a template for the witness statements?
yes
Here's a template for the witness statements:
---
[Witness's Name]
[Witness's Address]
[City, State, ZIP Code]
[Date]
To,
The Honorable Court,
[Court Name]
[Court Address]
[City, State, ZIP Code]
Subject: Witness Statement Regarding Issuance of Cheque
Respected Sir/Madam,
I, [Witness's Name], residing at [Witness's Address], hereby state that I am aware of the following facts related to the issuance of a cheque by [Friend's Name] to [Your Name]:
*. On [Date], I was present when [Friend's Name] agreed to issue a cheque for the amount of [Cheque Amount] to [Your Name].
*. [Friend's Name] handed over the cheque bearing number [Cheque Number] dated [Cheque Date] to [Your Name] in my presence.
*. I confirm that [Friend's Name] was fully aware and consenting to the issuance of the said cheque.
I am willing toappear in court to provide my testimony if required.
Thank you.
Yours sincerely,
[Witness's Name]
[Signature]
---
Would you need any more assistance with the process?
yes
For further assistance:
- Prepare the complaint and attach all necessary evidence.
- Make sure you have all witness statements ready and signed.
- File the complaint in the appropriate court jurisdiction.
Would you like more information on filing the complaint in court or details on the court process itself?